Portfolio v. Rubin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harry Rubin, from a determination and order of the Appellate Term of the Supreme Court, First Department, entered in the office of the clerk of said court on the 17th day of February, 1920, reversing a judgment of the Municipal Court, Borough of Manhattan, Third District, in favor of the defendant.
1Opinion of the Court
Laughlin, J.:
The action is for goods sold and delivered. The only points litigated were with respect to whether part of the goods delivered conformed to the contract, and the right of the defendant to retain part as in conformity with the contract and to reject part if not in conformity therewith. This probably accounts for the fact that the evidence fails to show definitely what the contract was or the basis on which the contract price of the goods was determined. It appears to have been assumed, however, that there was a sale, under a single contract, of four pieces of goods consisting of…
2Cases cited6 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1910
- Clark v. . WestNew York Court of Appeals · 1911
- Cohen v. PembertonSupreme Court of Connecticut · 1885
- Simon v. WoodAppellate Terms of the Supreme Court of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Anwar v. Fairfield Greenwich Ltd.District Court, S.D. New York · 2010
- Gumbinsky Bros. v. SmalleyAppellate Division of the Supreme Court of the State of New York · 1922
- Czarnikow-Rionda Co. v. West Market Grocery Co.Court of Appeals for the Second Circuit · 1927
- Joannes Bros. v. LambornAppellate Division of the Supreme Court of the State of New York · 1922
- Lowinson v. NewmanAppellate Division of the Supreme Court of the State of New York · 1922
7 more not listed; retrieve them via the Exa API.