McCarthy v. Bowling Green Storage & Van Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bowling Green Storage and Van Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bronx on the 21st day of February, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is an action by the committee of James Q. McCarthy to recover the sum of $1,706.20 which he paid to the defendant on the 4th of March, 1915, as the purchase price of certain articles of personal property sold to him on an auction thereof conducted by the defendant and the further sum of $70 paid by him to the defendant for transporting the property from the place of sale to his residence. The action was brought on the theory that McCarthy at the time in question was incompetent to make a contract and that his committee elected to avoid the purchases. The plaintiff alleged…
2Cases cited28 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Blinn v. . SchwarzNew York Court of Appeals · 1904
- Green v. . GreenNew York Court of Appeals · 1877
- Moore v. . PotterNew York Court of Appeals · 1898
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3Cited by12 opinions
- Verstandig v. SchlafferNew York Court of Appeals · 1946
- Weinberg v. WeinbergAppellate Division of the Supreme Court of the State of New York · 1938
- Mainzer v. AvrilNew York Supreme Court · 1919
- Fiero v. Franklin Savings BankCity of New York Municipal Court · 1924
- In re the Application for the Appointment of a Committee of the Person & Property of LongAppellate Division of the Supreme Court of the State of New York · 1941
7 more not listed; retrieve them via the Exa API.