Legal Opinion
In re Exeter Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 1938PublishedCited by 16 opinions
1Opinion of the CourtO’Malley, J.
The question to be decided is whether, under the circumstances presented, a party may defeat a motion to compel arbitration by setting up the provisions of section 85 of the Personal Property Law (Statute of Frauds).
The petitioner, by nine transactions, sold to the respondent certain textiles of the value in each sale of more than fifty dollars. The sales were made by petitioner’s salesmen personally or by tele*497phone and were confirmed by written standard forms of sales notes of the petitioner, mailed to the respondent. These sales notes were retained by the respondent without objection.
Thereaf…
2Cases cited4 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Murrary v. . Cunard Steamship Co.New York Court of Appeals · 1923
- Matter of KelleyNew York Court of Appeals · 1925
- In re Japan Cotton Trading Co.Appellate Division of the Supreme Court of the State of New York · 1931
3Cited by16 opinions
- Fisser v. International BankCourt of Appeals for the Second Circuit · 1960
- Trubowitch v. Riverbank Canning Co.California Supreme Court · 1947
- Reconstruction Finance Corp. v. Harrisons & Crosfield, LimitedCourt of Appeals for the Second Circuit · 1953
- In re the Arbitration between Helen Whiting, Inc. & Trojan Textile Corp.New York Court of Appeals · 1954
- Ambrose Mar-Elia Co. v. DinsteinAppellate Division of the Supreme Court of the State of New York · 1989
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