Roaring Spring Blank Book Co. v. Lesser
New York Supreme Court
Appeal by defendant from a judgment- of the Municipal Court of the city of Hew York, borough of Manhattan, first district, rendered in favor of the plaintiff.
1Opinion of the CourtHotchkiss, J.
The complaint, which was oral, was for goods sold and delivered. The defendant pleaded a general denial, also the Statute of Frauds, which raises the only point involved on this appeal. The trial court apparently adopted the version of the transaction given by the plaintiff’s witness Hastie, and, on the whole case, I think his testimony was *618more credible than that of the defendant, who alone testified on his own behalf.
The material facts are as follows: Hastie was the plaintiff’s agent in Hew York city, and on various occasions called on the defendant to sell him stationery. Four orders were…
2Cases cited4 opinions
- Wright v. . WeeksNew York Court of Appeals · 1862
- Newbery v. . WallNew York Court of Appeals · 1875
- Waxelbaum v. SchlossAppellate Division of the Supreme Court of the State of New York · 1909
- J. Spencer Turner Co. v. RobinsonAppellate Terms of the Supreme Court of New York · 1907
3Cited by2 opinions
- Alhambra Amusement Co. v. Associated First National Pictures, Inc.Appellate Division of the Supreme Court of the State of New York · 1924
- Invincible Parlor Frame Co. v. Elegant Leather Goods, Inc.New York Supreme Court · 1946