Kerngood v. Pond
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles H. Pond, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of April, 1903, restraining the defendant from prosecuting an action instituted by him in the City Court of the city of New York against the plaintiff herein, until the final determination of -the above-entitled action, or until the further order of the court.
1Opinion of the Court
O’Brien, J.:
This action in form is to procure the rescission of a contract of sale of certain personal property upon the ground that the defendant had failed and neglected, in acóordance with his agreement; to deliver the property in sound condition and good repair, suitable for the purposes and objects for which the same was purchased.
From the complaint it would appear that the goods in dispute, which were known as antiques for household use, were purchased between the 20th day of Hay, 1901, and the 7th day of February, 1902, and the amount which the plaintiff agreed to pay therefor, if in…
2Cases cited2 opinions
- Norfolk & New Brunswick Hosiery Co. v. ArnoldNew York Court of Appeals · 1894
- Consolidated Fruit Jar Co. v. WisnerAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Rosenberg v. SlotchinAppellate Division of the Supreme Court of the State of New York · 1917
- Walkup v. MesickAppellate Division of the Supreme Court of the State of New York · 1905