De Wolff v. Howe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles T. Howe and another, composing the firm of. Charles T. Howe and Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 17th day of May, 19Q5, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of May, 1905, denying the defendants’ motion for a new trial ma.de upon the minutes.
1Opinion of the Court
Patterson, J.:
There are two causes of action set forth in the complaint herein — the first for money had and received and -the second for an-alleged breach of a contract for the sale of goods by sample. On the trial the controversy was limited- to the issues arising on the first cause of action, as, to which the defendants, in their answer, interposed -a general denial. There is no serious dispute concerning the material facts of the case. The defendants, .copartners, about the 21st of April, 1902, had for sale 4 carload of merchandise called “ apple-waste.” One Gibbs,, a broker, ascertaining…
2Cited by4 opinions
- Geller v. Prudential Insurance Co. of AmericaDistrict Court, E.D. New York · 2002
- Collins v. PearsallAppellate Division of the Supreme Court of the State of New York · 1909
- Sperry v. SaulNew York Supreme Court · 1958
- B.S.L. One Owners Corp. v. RubensteinCivil Court of the City of New York · 1994