Legal Opinion

E. V. Harman & Co. v. William Filene's Sons Co.

Massachusetts Supreme Judicial Court

Decided January 14, 1919PublishedCited by 9 opinions

Contract upon an account annexed of fifty-five items for goods sold to the defendant by Robert Rosenfeld of New York, the account having been assigned by Rosenfeld to the plaintiff, a corporation, a “commercial banker” in New York, whose' business consisted in the purchase from manufacturers of open accounts arising from the sale of merchandise .on credit.

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Contract upon an account annexed of fifty-five items for goods sold to the defendant by Robert Rosenfeld of New York, the account having been assigned by Rosenfeld to the plaintiff, a corporation, a “commercial banker” in New York, whose' business consisted in the purchase from manufacturers of open accounts arising from the sale of merchandise .on credit. Writ dated October 6, 1910. The items described in the account annexed included goods shipped to the- defendant by Rosenfeld on October 11, 1909, amounting to $16.50; goods shipped on November 11, 1909, amounting to $33.00; on November 12,…

1Opinion of the CourtCarroll, J.

The plaintiff’s assignor, Robert Rosenfeld, sold and delivered merchandise to the defendant. In the Superior Court it was ruled that the defendant had the right to apply, by way of set-off, certain credits equal to the plaintiff’s demand.

*55Robert Rosenfeld was a manufacturer of women’s garments in New York, and, previous to September 1, 1909, had sold merchandise to the defendant and assigned his accounts receivable to the plaintiff. On or about September 1, 1909, the defendant purchased of Rosenfeld women’s suits of style 500, with the agreement that, if they were not satisfactory, they were…

2Cases cited4 opinions

  1. Day v. CatonMassachusetts Supreme Judicial Court · 1876
  2. Huntress v. HanleyMassachusetts Supreme Judicial Court · 1907
  3. Lincoln v. GayMassachusetts Supreme Judicial Court · 1895
  4. King v. FowlerMassachusetts Supreme Judicial Court · 1820

3Cited by9 opinions

  1. Jet Line Services, Inc. v. American Employers InsuranceMassachusetts Supreme Judicial Court · 1989
  2. Calkins v. Wire Hardware Co.Massachusetts Supreme Judicial Court · 1929
  3. James F. Monaghan Inc. v. M. Lowenstein & Sons Inc.Massachusetts Supreme Judicial Court · 1935
  4. Boston Food Products Co. v. Wilson & Co.Massachusetts Supreme Judicial Court · 1923
  5. Howe v. JohnsonMassachusetts Supreme Judicial Court · 1920

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