Legal Opinion

Schnell v. . Perlmon

New York Court of Appeals

Decided June 3, 1924PublishedCited by 33 opinions

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department entered March 14, 1924, unanimously affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court.

1Opinion of the CourtCrane, J.

This action is brought to recover, an alleged balance due for goods, wares and merchandise sold by the plaintiffs to the defendant. Defendant pleaded an accord and satisfaction.

The trial court directed a verdict for the plaintiffs for the full amount claimed, and the judgment entered thereon has been unanimously affirmed by the Appellate Division. That court, however, granted leave to appeal to this court, certifying that in its opinion there is a question of law involved which ought to be reviewed by us.

The question of law referred to arises through the payment by the defendant of an amount…

2Cases cited24 opinions

  1. Fuller v. . KempNew York Court of Appeals · 1893
  2. Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
  3. Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
  4. Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
  5. Jaffray v. . DavisNew York Court of Appeals · 1891

19 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Woollard v. Schaffer Stores Co.New York Court of Appeals · 1936
  2. Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
  3. Schuttinger v. WoodruffNew York Court of Appeals · 1932
  4. Rehill v. RehillNew York Court of Appeals · 1953
  5. Matter of Byrne v. PaddenNew York Court of Appeals · 1928

28 more not listed; retrieve them via the Exa API.

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