Constable v. Rosener
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry Rosener, from a judgment of the Appellate Term of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 27th day of June, 1902, reversing a judgment of the Municipal Court of the city of New York, borough.of Manhattan, in favor of the defendant, entered on the 7th day of February, 1902, which dismissed the complaint upon the merits, and also reversing an order of said Municipal Court,…
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Appeal by the defendant, Henry Rosener, from a judgment of the Appellate Term of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 27th day of June, 1902, reversing a judgment of the Municipal Court of the city of New York, borough.of Manhattan, in favor of the defendant, entered on the 7th day of February, 1902, which dismissed the complaint upon the merits, and also reversing an order of said Municipal Court, entered on the 7th day of February, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
This action was commenced in the Municipal Court of the city of New York and resulted in a judgment in favor of ‘ the defendant. *156The complaint, which was in writing, alleged that between the 14th and 16th of October, 1901, the plaintiffs sold and delivered to the wife- of the defendant herein, at her special instance and request, necessities for her use of the value and amounting to the agreed price of $209.95. The answer denies knowledge or information sufficient to form a belief as to this allegation, and alleges as a further and separate defense that in the month of October,…
2Cases cited4 opinions
- Hatch v. . LeonardNew York Court of Appeals · 1901
- Keller v. . PhillipsNew York Court of Appeals · 1868
- Catlin v. . MartinNew York Court of Appeals · 1877
- Cromwell v. BenjaminNew York Supreme Court · 1863
3Cited by26 opinions
- Maschauer v. DownsCourt of Appeals for the D.C. Circuit · 1923
- B. Altman & Co. v. DurlandAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Estate of RoesslerNew York Surrogate's Court · 1939
- Farquharson v. BrokawNew York Supreme Court · 1910
- Gimbel Bros. v. SteinmanCity of New York Municipal Court · 1952
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