Legal Opinion
Coles v. Saitta
Appellate Terms of the Supreme Court of New York
Decided November 12, 1909PublishedCited by 2 opinions
Appeal from City Court of New York, Trial Term. Action by John E. Coles against Philip W. Saitta. Erom a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtLehman, J.
The plaintiff has brought suit against the defendant upon an order given him by one Joseph H. Tinaglia and reading as follows:
“New York, August 17, 1908.
"P. W. Saitta, 258 Broadway, N. Y.—Dear Sir: Please pay to Coles & Co. from the proceeds of sales of my fruit $775.00, and charge same to my account. This is as per agreement between you and Mr. Montague, of Coles & CO.
“Yours very truly, [Signed] Joseph H. Tinaglia.
“P. S. The above covering the amount of my purchase of 5,000 orange boxes, with straps, from Coles & Co.”
At the trial Mr. Montague, plaintiff’s manager, testified that Tinaglia, a…
2Cited by2 opinions
- Winemiller v. PageSupreme Court of Oklahoma · 1919
- Coles v. SaittaCity of New York Municipal Court · 1911