Legal Opinion

United States Paper Co. v. Gruhn

Appellate Terms of the Supreme Court of New York

Decided February 23, 1904Published

Appeal from Municipal Court, Borough of Manhattan, First District. Action by the United States Paper Company against Samuel Gruhn. From a judgment for plaintiff, defendant appeals. Reversed.

1Opinion of the CourtFreedman, P. J.

The plaintiff sued for goods sold and delivered and recovered a judgment. A bill of particulars of plaintiff’s claim was filed. Upon the trial the president of the plaintiff testified that the goods mentioned in the bill of particulars had been delivered at the request of the defendant or his father, and that before the goods had been delivered the price had been agreed upon. The bill of particulars was then offered and received in evidence over the defendant’s objection and exception. The same witness was also allowed to testify over objections that the total amount of the merchandise was…

2Cases cited4 opinions

  1. National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
  2. In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
  3. Griesheimer v. . TanenbaumNew York Court of Appeals · 1891
  4. Griesheimer v. TanenbaumNew York Court of Appeals · 1891

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