Butcher v. Consolidated Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Consolidated Trust Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of January, 1899, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 31st day of January 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The action was brought to recover for goods sold and delivered by the plaintiff, as receiver, to the defendant. The complaint alleges “ that at the time next hereinafter mentioned the plaintiff, as such receiver, at the special instance and request of said defendant, sold and delivered to said defendant certain goods, wares and merchandise of the kind and value and agreed price, to be paid therefor by said defendant in cash, as follows : ”, The answer denies each and every allegation of the complaint, and then “ for a separate and second amended answer and defense and by way of…
2Cited by1 opinion
- Meyer v. JewellAppellate Terms of the Supreme Court of New York · 1904