Starr v. Silverman
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the District Court in the City of New York, for the fourth judicial district rendered in favor of the plaintiffs for $150 and costs, by the justice thereof, without a jury. The nature of the ¡action and the material facts are stated in the ’ opinion.
1Opinion of the CourtGiegerich, J.
This action was brought for the conversion of' $150, under the circumstances hereafter detailed. The answer Was a general denial, and a counterclaim for $485 was interposed.
On January 30, 1897, the defendant signed a paper writing whereby he guaranteed the payment to the plaintiffs of the sum of $300 for tobacco purchased, or to be purchased, from them by one Henry Goldman. Thereafter, and with a view (of paying the ■ indebtedness of Goldman, the parties litigant agreed, that Goldman should deliver to the defendant 150,000 cigarettes at the rate of $4.55 per 1,000, $2.55 of which was to be…
2Cases cited2 opinions
- Walter v. . BennettNew York Court of Appeals · 1857
- Whitcomb v. HungerfordNew York Supreme Court · 1864
3Cited by2 opinions
- Carmelly v. HansonSupreme Court of New Jersey · 1945
- Kress v. WoehrleAppellate Terms of the Supreme Court of New York · 1898