Alfred Shrimpton & Sons, Ltd. v. Dworsky
New York Court of Common Pleas
Appeal from city court, general term. Action by Alfred Shrimpton & Sons, Limited, against Abraham J. Dworsky, to recover for goods sold and delivered. From a judgment •of the general term of the city court (20 N. Y. Supp. 991) affirming a judgment entered on a verdict for plaintiff, and from an order affirming an order denying a motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtPryor, J.
In form and in substance the action is for goods sold and delivered, and for nothing else. The allegation of sale and delivery is traversed by an explicit denial in the answer. This, then, was the issue, and the only issue, presented by the pleadings, namely, whether the plaintiff had sold and delivered to the defendant the goods for recovery of the purchase price of which the action is brought. Nevertheless, upon the trial, the plaintiff was allowed to give evidence of a different cause of action, that is, for work and labor; and in submitting the case to the jury, the judge expressly…
2Cases cited17 opinions
- Shindler v. . HoustonNew York Court of Appeals · 1848
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Cooke v. . MillardNew York Court of Appeals · 1875
- Stone v. . BrowningNew York Court of Appeals · 1877
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pelletreau v. United States Electric L. & P. Co.New York Court of Common Pleas · 1895
- Owen v. SellNew York Court of Common Pleas · 1895
- Monell v. DouglassNew York Court of Common Pleas · 1893