Detmer Woolen Co. v. Van Horn
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of ¡New York, fourth district, borough of Manhattan, rendered in favor of the plaintiff, upon a trial had before the court without a jury.
1Opinion of the CourtGiegerich, J.
Gilmartin & Dewell, by an instrument in writing, dated July 21, 1906, transferred to the defendant their tailoring establishment, “ together with all the stock of goods belonging to said firm wherever situated, and all accounts now due or to grow due to said firm, together with the good will of said business;” in consideration of which transfer the defendant assumed all the indebtedness of that firm.
The plaintiff seeks to recover upon such assumption agreement on the defendant’s part. The defense is a failure of consideration.
Upon the trial, the defendant attempted .to prove that a…
2Cases cited3 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Merrill v. . GreenNew York Court of Appeals · 1873
- Gilmartin v. Van HornAppellate Terms of the Supreme Court of New York · 1907
3Cited by1 opinion
- Walcutt v. Clevite Corp.New York Court of Appeals · 1963