Silberstein v. Blum
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Solomon Silberstein and another, from an order and determination of the Appellate Term of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 19 th day of December, 1914, affirming a judgment of the Municipal Court of the City of New York, Borough of Manhattan, First District.
1Opinion of the Court
Hotchkiss, J.:
The action was for goods sold and delivered.
The answer contained denials and a separate defense, which was also pleaded as a counterclaim, that the goods were warranted of a certain quality, to which warranty they did not conform; that plaintiffs had refused defendants’ offer to return, all to defendants’ damage in a sum identical with the sale price of the goods as alleged in the complaint. On the trial plaintiffs admitted that the goods had been sold by sample and were to be first class in quality, to which standard plaintiffs claimed they in fact conformed.
The testimony…
2Cases cited2 opinions
- Nash v. WeidenfeldAppellate Division of the Supreme Court of the State of New York · 1899
- Nash v. . WeidenfeldNew York Court of Appeals · 1901
3Cited by8 opinions
- Wildman Mfg. Co. v. Davenport Hosiery MillsTennessee Supreme Court · 1922
- Hazelton v. First National Stores, Inc.Supreme Court of New Hampshire · 1937
- Kaufmann v. LevyAppellate Terms of the Supreme Court of New York · 1918
- Greeff Engineering & Manufacturing Co. v. Scourene Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Silberman v. EngelAppellate Terms of the Supreme Court of New York · 1924
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