Legal Opinion
Anness v. Seaboard Trading Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 1930Published
1Opinion of the CourtMartin, J.
The amended complaint sets forth two causes of action. The first is brought to recover the price of goods under subdivision 1 of section 144 of the Personal Property Law (as added by Laws of 1911, chap. 571), and the second is brought to recover damages under section 145 of the Personal Property Law (as added by Laws of 1911, chap. 571) for the non-acceptance of the identical goods, the sale of which is the basis of the first cause of action.
The amended complaint was dismissed at Special Term, with leave to amend, upon the ground that two inconsistent causes of action were pleaded therein.…
2Cases cited5 opinions
- Logan v. WhitleyAppellate Division of the Supreme Court of the State of New York · 1908
- Lace Selling Co. v. ShapiroNew York Court of Appeals · 1928
- Seggerman Bros. v. Rosenberg Bros. & Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Shirley v. BernheimAppellate Division of the Supreme Court of the State of New York · 1908
- Taylor v. KurzrokAppellate Division of the Supreme Court of the State of New York · 1925