Portfolio v. . Rubin
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 11, 1921, which reversed a determination of the Appellate Term, reversing a judgment of the Municipal Court of the city of New York in favor of defendant and directing judgment in favor of plaintiff and affirmed said Municipal Court judgment.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 11, 1921, which reversed a determination of the Appellate Term, reversing a judgment of the Municipal Court of the city of New York in favor of defendant and directing judgment in favor of plaintiff and affirmed said Municipal Court judgment. The contract in question was an indivisible one and the buyer was required by law either to accept all or reject all of the merchandise delivered to him. His remedy for defective merchandise was an action for damages for…
1Opinion of the CourtCrane, J.
This action was brought in the Municipal Court to recover the sum of $638.99, the price of four pieces of goods suitable to be manufactured into cloaks and suits. The defendant accepted two of the pieces and tendered the amount due for them, $311.91, which sum he deposited into court. The remaining two pieces he rejected as not in accordance with the order and notified the seller to that effect. It was conceded on the trial that under the contract the purchase price of the two accepted pieces was $311.91 and of the two rejected pieces $327.08. It was also stipulated that the goods sold were…
2Cases cited8 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Ming v. . CorbinNew York Court of Appeals · 1894
- Kein v. . TupperNew York Court of Appeals · 1873
- Waeber v. . TalbotNew York Court of Appeals · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Division of the Triple T Service, Inc. v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1969
- Joannes Brothers Co. v. . LambornNew York Court of Appeals · 1923
- L. Albert & Son v. Armstrong Rubber Co.Court of Appeals for the Second Circuit · 1949
- Tibbetts Contracting Corp. v. O & E Contracting Co.New York Court of Appeals · 1965
- Anwar v. Fairfield Greenwich Ltd.District Court, S.D. New York · 2010
21 more not listed; retrieve them via the Exa API.