Maas v. Goodman
New York Court of Common Pleas
Appeal from a judgment in favor of the plaintiffs given at the special term. The action ivas brought to recover for goods sold and delivered by Strauss & Emanuel Brothers, on September 1st, 1857, to the defendants, upon a credit of six months, At the time of the sale the defendants held a note of Strauss & Emanuel Brothers, having about three months to run, for an amount exceeding the price of the goods purchased.
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Appeal from a judgment in favor of the plaintiffs given at the special term. The action ivas brought to recover for goods sold and delivered by Strauss & Emanuel Brothers, on September 1st, 1857, to the defendants, upon a credit of six months, At the time of the sale the defendants held a note of Strauss & Emanuel Brothers, having about three months to run, for an amount exceeding the price of the goods purchased. On September 12th, 1857, Strauss & Emanuel Brothers, being insolvent, made a general assignment of their jeroperty for the benefit of creditors, to the plaintiffs, who as such…
1Opinion of the CourtBrady, J.
The case of Keep v. Lord, (2 Duer, 78), which was not cited on the argument, is decisive upon the questions *279involved in this appeal, unless it be held that the plaintiff stands in precisely the same condition as the assignor, or in other words, unless it be held that this is an action in effect by the assignor himself. Judge Bosworth has, in the case referred to, fully and ably reviewed the cases bearing upon the doctrine of equitable set-offs submitted on this appeal, and has arrived at the conclusion that it does not apply in such a case as this. He has based his decision, however, upon the…
2Cases cited6 opinions
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Root v. FrenchNew York Supreme Court · 1835
- In re HoweNew York Court of Chancery · 1828
- Knowles v. LordSupreme Court of Pennsylvania · 1839
- Butler v. LeeSupreme Court of Alabama · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Engs v. MatsonAppellate Court of Illinois · 1882
- Martin v. KunzmullerNew York Court of Appeals · 1867
- Groff v. FriedlineCity of New York Municipal Court · 1895
- Groff v. BlissAppellate Terms of the Supreme Court of New York · 1896
- Schieffelin v. HawkinsNew York Court of Common Pleas · 1862
3 more not listed; retrieve them via the Exa API.