Kreeger v. Margolies
Massachusetts Supreme Judicial Court
Contract upon an account annexed for goods alleged to have been sold and delivered by the plaintiffs, Arthur Kreeger and Irving Kreeger, copartners doing business under the firm name of Kreeger Brothers, to the defendants, Jacob Margolies and Adolph Jacobs, copartners doing business under, the firm name of Margolies and Jacobs.
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Contract upon an account annexed for goods alleged to have been sold and delivered by the plaintiffs, Arthur Kreeger and Irving Kreeger, copartners doing business under the firm name of Kreeger Brothers, to the defendants, Jacob Margolies and Adolph Jacobs, copartners doing business under, the firm name of Margolies and Jacobs. Writ in the Municipal Court of the City of Boston dated January 15, 1914. On removal to the Superior Court, the case was tried before Lawton, J. The material evidence and the exceptions of the defendants are described in the opinion. There was a verdict for the…
1Opinion of the CourtDe Courcy, J.
As we understand this somewhat obscure bill of exceptions, it is not in dispute that the defendant Jacobs ordered and selected certain pieces of woollens at the plaintiffs’ place of business in New York. Later the defendants received all the merchandise which the plaintiffs claimed to have delivered, but refused to accept four of the fifteen items, on the ground that these were not the same goods that they had ordered. This action was brought to recover for all the merchandise.
The only exception (other than one which was immaterial, and not argued,) is one to the admission in evidence of the…
2Cases cited6 opinions
- Auringer v. CochraneMassachusetts Supreme Judicial Court · 1916
- St. Joseph Hydraulic Co. v. Globe Tissue Paper Co.Indiana Supreme Court · 1901
- Commonwealth v. NeylonMassachusetts Supreme Judicial Court · 1893
- Sumner v. GardinerMassachusetts Supreme Judicial Court · 1903
- Brooks v. DugganMassachusetts Supreme Judicial Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Posell v. HerscovitzMassachusetts Supreme Judicial Court · 1921