Beyer v. Henry Huber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Henry Huber Company, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 13th day of June, 1906, striking out the amended answer of the defendant.
1Dissent
Houghton, J. (dissenting):
The facts established on the motion warranted the Special Term in holding that the goods contracted to be sold, although not delivered at the specified time, were delivered and accepted at a subsequent date, without protest or reservation of any rights on the part of the vendee. This state of facts constituted a waiver by the vendee of any claim for delay in delivery which bars any recovery upon a counterclaim.
I dissent from a reversal of the order, because I think the proper rule of law applicable to the facts is not stated in the prevailing opinion.
The rule with…
2Cases cited2 opinions
- E. T. Burrowes Co. v. Rapid Safety Filter Co.Appellate Terms of the Supreme Court of New York · 1906
- Roby v. ReynoldsNew York Supreme Court · 1892