National Pipe-Bending Co. v. Fisher
New York Supreme Court
Appeal from special term, New York county. Action by the National Pipe-Bending Company against George E. Fisher to recover the value of goods sold. From an order denying an application for leave to serve an amended answer, defendant appeals.
1Opinion of the CourtO’Brien, J.
The action is brought to recover the value of certain goods, wares, and merchandise, and certain services, furnished and rendered upon the express promise of the defendant to pay therefor. From thfe complaint it appears that the order for the goods was originally received by the plaintiff from one A. Perry Bliven, but that, prior to the acceptance of the order and the manufacture and delivery of the goods, the plaintiff required the express-promise or guaranty of the defendant that he would pay the plaintiff therefor, and that, thereupon, the defendant did so agree. The answer denied that the…
2Cases cited1 opinion
- Smith v. Equitable Mortgage Co.New York Supreme Court · 1893
3Cited by1 opinion
- Murphy v. Plankinton BankSouth Dakota Supreme Court · 1904