Hauck Food Products Corp. v. B. A. Stevenson & Co.
New York Supreme Court
Action brought to recover $1,610, and interest from December 8, 1920, on account of the sale and delivery of certain goods to the defendant in the nature of a salad cooking oil, known as “ Salanut.”
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Action brought to recover $1,610, and interest from December 8, 1920, on account of the sale and delivery of certain goods to the defendant in the nature of a salad cooking oil, known as “ Salanut.” The answer does not raise any issue as to the allegations of the complaint, but pleads a counterclaim wherein the defendant seeks to recover from the plaintiff the sum of $3,370.91, on account of contract for the sale of certain Manchurian Soya bean oil claimed to have been made by E. F. Drew & Company, Inc., to the plaintiff, and which claim was assigned by the receivers of E. F. Drew & Company,…
1Opinion of the CourtBosch, J.
The issue litigated in this action was in relation to the defendant’s counterclaim. There is no question but that the defendant purchased from the plaintiff, some time in the month of November, 1920, a bill of goods for which it agreed to pay $1,610. Having failed to pay the same, the plaintiff commenced this action about the 25th day of January, 1921, against the defendant to recover the amount due. Subsequent to the sale of goods by the plaintiff to the defendant, and on or about the 4th day of January, 1921, the defendant claims to have acquired, by assignment, from the receivers of E. F.…
2Cases cited6 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- White v. . HoytNew York Court of Appeals · 1878
- Barlow v. . ScottNew York Court of Appeals · 1861
- In re LowenthalAppellate Division of the Supreme Court of the State of New York · 1921
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hauck Food Products Corp. v. E. A. Stevenson & Co.Appellate Division of the Supreme Court of the State of New York · 1922