Lowenberg Co. v. Block
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by the Lowenberg Company against Frank Block. From Municipal Court judgment in favor of defendant after a trial before the court without a jury, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtGerard, J.
This action was brought by plaintiff to recover the purchase price" of certain goods manufactured by the plaintiff in pursuance of an order given by defendant. The goods were thereafter delivered to defendant. The agreed price of these goods was $264.75. Defendant was concededly entitled to a credit of $66.83 for certain goods returned, leaving an unpaid balance of $197.92, to recover which this action was brought. The goods in question consisted of vests and coats. There is no dispute with reference to the giving of the order, the price agreed, or as to the fact that goods to the amount…
2Cases cited7 opinions
- Coplay Iron Co. (Ltd.) v. PopeNew York Court of Appeals · 1888
- Studer v. . BleisteinNew York Court of Appeals · 1889
- Smith v. . CoeNew York Court of Appeals · 1902
- E. T. Burrowes Co. v. Rapid Safety Filter Co.Appellate Terms of the Supreme Court of New York · 1906
- Smith v. CoeAppellate Division of the Supreme Court of the State of New York · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Beech Aircraft Corp. v. Flexible Tubing Corp.District Court, D. Connecticut · 1967