Gilmartin v. Van Horn
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by John J. Gilmartin against Herbert E. Van Horn. From. a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtLeventritt, J.
The defense was sustained by proof uncontroverted and unimpeachable, yet the plaintiff has judgment. A brief review of the testimony will lead to the conclusion that the judgment is the result of mistake and oversight.
Prior to July 21, 1906, the plaintiff and one Dewell composed the firm of Gilmartin & Dewell, engaged in business as custom tailors. On that day they entered into a written agreement with the defendant by which they sold and bound themselves to deliver to him their tailoring establishment, “together with all the stock of goods belonging to said firm, wherever situated, and all…
2Cited by2 opinions
- Detmer Woolen Co. v. Van HornAppellate Terms of the Supreme Court of New York · 1908
- Detmer Woolen Co. v. Van HornAppellate Terms of the Supreme Court of New York · 1908