Legal Opinion · Concurrence

Detmer Woolen Co. v. Van Horn

Appellate Terms of the Supreme Court of New York

Decided May 15, 1908Published

Appeal from a judgment of the Municipal Court of the city of ¡New York, fourth district, borough of Manhattan, rendered in favor of the plaintiff, upon a trial had before the court without a jury.

1Concurrence

Greenbaum, J. (concurring).

By the instrument under which the defendant acquired the business which formerly belonged to the firm of Gilmartin & Dewell, and as part consideration of the transfer, he assumed to pay all the indebtedness of the vendor firm.

It is conceded that the agreement of assumption ordinarily would be enforceable against defendant by the plaintiff, a creditor at the time of the execution of the agreement.

It is, however, claimed that the learned trial justice erred in excluding testimony proffered by the defendant tending to show that Gilmartin & Dewell did not transfer to…

2Cases cited2 opinions

  1. Arnold v. . NicholsNew York Court of Appeals · 1876
  2. Gilmartin v. Van HornAppellate Terms of the Supreme Court of New York · 1907

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