Legal Opinion

Zilberman v. Friedman

Appellate Terms of the Supreme Court of New York

Decided May 15, 1907Published

Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, third district, borough of Manhattan.

1Opinion of the CourtSeabury, J.

The plaintiff was a wholesale dealer in beds, doing business as the Bell Metal Furniture Company, and sold and delivered goods to the defendant at an agreed price. The defendant pleaded payment and this defense presented the only issue upon the trial. The defendant ordered the goods from one Bromberg, who was a salesman of the plaintiff. The goods were sold upon credit. When the goods were delivered to the defendant, a bill or statement of account was also delivered, at the head of which was printed the notice, “ Pay none but authorized collectors ” Three weeks after the delivery of the…

2Cases cited3 opinions

  1. Hirshfield v. WaldronMichigan Supreme Court · 1884
  2. Hahnenfeld v. WolffNew York Court of Common Pleas · 1895
  3. Lamb v. HirschbergAppellate Division of the Supreme Court of the State of New York · 1896

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