Greacen v. . Poehlman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 27, 1907, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts,’so far as material, are stated in the opinion. The trial court erred in directing a verdict for the plaintiff. The contract was one of “ sale or return.”
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 27, 1907, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts,’so far as material, are stated in the opinion. The trial court erred in directing a verdict for the plaintiff. The contract was one of “ sale or return.” It was at least a question for the jury to determine whether the defendant was entitled to return .the goods. (Hickman v. Shimp, 109 Penn. St. 16; Hunt v. Wyman, 100 Mass. 198; People v.…
1Opinion of the CourtWerner, J.
The plaintiff is a wholesale dealer in boots and shoes in the city of Hew York. ' The defendant is a retail dealer in such goods in the city of Syracuse. In the month of March, 1904, the plaintiff, through his agent Gatlin, sold to the defendant a bill of goods amounting to about $3,500. The goods were to be delivered in installments during the summer and payment was- to be made on December 1st, 1904. Delivery of the goods was duly made and the defendant has paid the purchase price except the sum of $872.62. This action was brought to recover that balance of the purchase price.
Among the goods…
2Cases cited8 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- Walter A. Wood Reaping & Mowing Machine Co. v. SmithMichigan Supreme Court · 1883
- Cross v. . BeardNew York Court of Appeals · 1862
- Osborne v. FrancisWest Virginia Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Johnston Jewels, Ltd. v. LeonardSupreme Court of Connecticut · 1968
- Tabor v. LoganAppellate Division of the Supreme Court of the State of New York · 1985
- Sherkate Sahami Khass Rapol v. Henry R. Jahn & Son, Inc.Court of Appeals for the Second Circuit · 1983
- Brown & Lowe Co. v. PotolskiAppellate Division of the Supreme Court of the State of New York · 1927
- Bernadette, Joseph & Co. v. Van BurenAppellate Division of the Supreme Court of the State of New York · 1925
12 more not listed; retrieve them via the Exa API.