American Lace Manufacturing Co. v. Levy
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment of the City Court of the city of New York, entered upon the verdict of a jury directed by the court.
1Opinion of the CourtShearn, J.
This action is upon an account stated. The defendants pleaded as a partial defense and counterclaim a breach of warranty in the sale of certain merchandise, which upon the trial appeared to be the merchandise involved in the account stated. The defects in the material sold were such as would only become apparent, as defendants claim, after the garments manufactured therefrom had been worn. The defects were not discovered until after the account had been stated, attention being called to them by customers returning the manufactured garments. The trial court held that no evidence to establish a…
2Cases cited3 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Samson v. . FreedmanNew York Court of Appeals · 1886
- Boyce v. WalkerAppellate Division of the Supreme Court of the State of New York · 1909