Legal Opinion

Hopp v. McWhirter

Appellate Terms of the Supreme Court of New York

Decided December 20, 1907Published

Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Percy P. Hopp, doing business under the name of the Bronx Window Shade & Awning Company, against William H. Mc-Whirter and another. Judgment for defendants, and plaintiff appeals. Reversed, and a new trial ordered.

1Per curiam

The plaintiff sued as Percy P. Hopp, doing business under the name of the Bronx Window Shade & Awning Company. The pleadings were oral; plaintiff claiming for goods sold and delivered, and the defendants pleading a general denial. The plaintiff called a witness, who testified that he was the manager and salesman for the Bronx Window Shade & Awning Company and that he sold and delivered to the defendant McWhirter window shades to the amount and value of $80.40, which were placed in one of defendant’s houses dnd for which he promised, but had failed, to pay. When plaintiff rested, the defendant…

2Cases cited3 opinions

  1. Loeb v. Firemen's InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
  2. Vandegrift v. BertronAppellate Division of the Supreme Court of the State of New York · 1903
  3. Loeb v. Firemen's InsuranceAppellate Division of the Supreme Court of the State of New York · 1903

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