Henningsen v. Howard

This is an appeal from an order granting a new trial after judgment for defendants by the court sitting without a jury. The- amended complaint contained four causes of action, to the following effect: The first that Hoe Howard, Meyer Winkleman, David Barnard and Alec Barnard individually and as copartners doing business under the name of Barnard Brothers Textile Division in June, 1949, in New York City bought and received from plaintiff’s assignor textiles on the price of which $7,787.84 remained due and owing; the second that plaintiff’s assignor on September 21, 1949, in the Supreme Court…