Cochran Cotton-Seed Oil Co. v. Kugelman
New York Court of Common Pleas
Appeal from seventh district court. Action by Cochran Cotton-Seed Oil Company against Julius A. Kugelman for goods sold and delivered. From a judgment in favor of plaintiff, rendered by the justice without a jury, defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
That the justice properly rendered judgment for the plaintiff upon the merits of the cause of action is unquestionable, and this the appellant seems to admit; the argument for a reversal of the judgment being confined to the defense, as interposed, of the pendency of another action alone. The evidence received upon the trial in the form of testimony, and of the parties’ letters relating to the transaction, abundantly sustains the finding that the goods in question were retained by the defendant and resold by him under an agreement that the plaintiff should credit him upon the purchase price…
2Cases cited1 opinion
- Flewelling v. BrandonNew York Court of Common Pleas · 1872