Legal Opinion

Stroock Plush Co. v. Talcott

Appellate Division of the Supreme Court of the State of New York

Decided November 27, 1908PublishedCited by 21 opinions

Cross-appeals by the plaintiff, the Stroock Plnsh Company, and by the defendant, James Talcott, from parts of an interlocutory judgment of the Supreme Court, made at the Orange Special Term and entered in- the office of the clerk of the county of Orange on the 20th day of March, 1908, upon the decision of the court, rendered after a trial at the Orange Special Term, overruling a demurrer to four defenses and sustaining it as to three counterclaims.

1Opinion of the Court

Gaynor, J.:

The complaint is brief, plain and clear. It alleges that the plaintiff and the defendant entered into a contract by which the defendant agreed to purchase of the plaintiff at 62-| cents a yard all of the 27-inch embossed plushes which the plaintiff should manufacture from June 15th, the date of the contract, to the following October 1st, in certain specified patterns, the defendant to designate every 15 days the styles to be made for the next two weeks, deliveries to be made at specified times, and settlements to be made the 10th of each month ; that in accordance with the terms…

2Cases cited7 opinions

  1. Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
  2. South Dakota v. McChesneyNew York Supreme Court · 1895
  3. Cruikshank v. Press Publishing Co.New York Supreme Court · 1900
  4. Corn v. LevyAppellate Division of the Supreme Court of the State of New York · 1904
  5. Cardeza v. OsbornNew York Supreme Court · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. General Aniline & Film Corp. v. Bayer Co.New York Court of Appeals · 1953
  2. International Railway Co. v. JaggardAppellate Division of the Supreme Court of the State of New York · 1922
  3. Lazar v. SteinbergAppellate Division of the Supreme Court of the State of New York · 1945
  4. O'Keefe v. Young & Rubicam, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
  5. Gibson v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1910

16 more not listed; retrieve them via the Exa API.

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