Stirn v. Hoffman House Co.
New York Court of Common Pleas
Appeal from city court, general term. Action by Bernhard Stirn against the Hoffman House Company to recover for merchandise sold and delivered. • The defenses were a general denial, payment, and offset. From a judgment of the city court (27 N. Y. Supp. 271), modifying and affirming a judgment entered on a verdict directed by the court in favor of defendant, plaintiff appeals. Affirmed.
1Opinion of the CourtBischoff, J.
Plaintiff sued, as the assignee of the claim of L. Somborn & Co., to recover the fair and reasonable value of the champagnes sold and'delivered to the defendant. The answer denied generally the sale and delivery, besides pleading payment and an offset against the plaintiff’s assignors growing out of discounts on former purchases, to which the defendant claimed to be entitled by agreement with Somborn & Co.’s agent. On the trial, Julius Somborn, a member of the firm of Somborn & Co., called as a witness for the plaintiff, testified, to the fact of the sale and delivery of champagnes of the…
2Cases cited18 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Muller v. . McKessonNew York Court of Appeals · 1878
- Winchell v. . HicksNew York Court of Appeals · 1859
- Leggett v. . HydeNew York Court of Appeals · 1874
- Dillon v. . CockcroftNew York Court of Appeals · 1882
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3Cited by4 opinions
- Landskroener v. HenningMichigan Supreme Court · 1923
- Frankfurter v. Home InsuranceNew York Court of Common Pleas · 1894
- Badesch v. Congregation Bros. of WillnaAppellate Terms of the Supreme Court of New York · 1898
- Canda v. CaseyNew York Court of Common Pleas · 1895