Lowinson v. Newman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Lowinson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of March, 1921, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Merrell, J.:
The action was to recover the sum of $4,077.57 damages, together with interest, for the alleged breach by defendant of a written contract for the sale of cotton goods. On or about October 9,1918, the defendant ordered of the plaintiff 2,000 pieces of plain cotton cloth, “ C. L. Collins & Co. make,” at fifteen and one-half cents per yard, delivery to be made in December, 1918, or January, 1919, “ sooner if can.” On October 31, 1918, the plaintiff delivered to the defendant 446 pieces of said merchandise and the defendant paid for the same on the day following. On November 18, 1919,…
2Cases cited5 opinions
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Cahen v. . PlattNew York Court of Appeals · 1877
- Smith Co. v. MoscahladesAppellate Division of the Supreme Court of the State of New York · 1920
- Portfolio v. RubinAppellate Division of the Supreme Court of the State of New York · 1921
- Hess v. KaufherrAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by4 opinions
- T. W. Oil, Inc. v. Consolidated Edison Co. of New York, Inc.New York Court of Appeals · 1982
- Gumbinsky Bros. v. SmalleyAppellate Division of the Supreme Court of the State of New York · 1922
- Bartus v. RiccardiUtica City Court · 1967
- McCutcheon v. KimballCity of New York Municipal Court · 1929