Larkin v. Geisenheimer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Theodore Geisenheimer and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 8th day of June, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 6th day of June, 1921, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Kelly, J.:
The complaint alleges a cause of action for goods sold and delivered, to wit, that on October 24, 1917, at the city of New York, the plaintiffs sold to defendants and defendants purchased of plaintiffs 9,000 pounds of tacks at forty-two cents per pound, amounting in all to $3,780; that it was agreed that the tacks were to be manufactured and delivered to defendants; that on December 29, 1917, plaintiffs duly delivered the merchandise and that they have not been paid therefor.
The answer denies the contract alleged in the complaint- and denies performance and delivery by plaintiffs,…
2Cases cited7 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Bement v. SmithNew York Supreme Court · 1836
- Cooke v. . MillardNew York Court of Appeals · 1875
- George Boiko & Co. v. Atlantic Woolen Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
- Reichbart v. Smith-Eisemann Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1922
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Henry Glass & Co. v. MisrochNew York Court of Appeals · 1925
- Stern v. Wohl, South & Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Baum v. Harris Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Henry Glass & Co. v. MisrochAppellate Division of the Supreme Court of the State of New York · 1924