Vietor v. Stroock
New York Court of Common Pleas
Appeal from city court, general term. Action by George F. Vietor and others against Louis F. Stroock, as survivor of the firm of S. Stroock & Co., for goods sold and delivered. From an order entered at general term of the city court, affirming a judgment in favor of plaintiffs, and an order denying defendant’s motion for a new trial, defendant appeals.
1Opinion of the CourtBookstaver, J.
The complaint alleges that on the 4th of March, 1880, the plaintiffs sold and delivered to the defendants goods, wares, and merchandise, consisting of 10 eases of chinchillas, at an agreed price, which defendants had failed and neglected to pay. The answer originally interposed by the defendants raised.two issues,—a sale by sample and a breach of warranty. Two trials were had under these issues in the court below, both resulting in a verdict for defendants, and both judgments entered on the verdict were reversed on appeal to the general term of that court. Defendants were then allowed to…
2Cases cited3 opinions
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Cross v. . O'DonnellNew York Court of Appeals · 1871
- Grey v. CaryNew York Court of Common Pleas · 1880
3Cited by4 opinions
- Hollrah-Dieckmann Refrigerator & Fixture Co. v. St. Louis House & Window Cleaning Co.Missouri Court of Appeals · 1914
- Tonkelson v. MalisNew York Supreme Court · 1922
- Gentilli v. StaraceThe Superior Court of the City of New York and Buffalo · 1891
- Vietor v. StroockNew York Court of Common Pleas · 1889