Gross v. R. & S. Outfitting Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. ■ Action by Moses Gross against the R. & S. Outfitting Company for goods sold and delivered. From a judgment for defendant and from an order denying a motion to vacate the judgment and order .a new trial, plaintiff appeals. Reversed and new trial ordered.
1Opinion of the Court
LEHMAN,'J.
[1] The plaintiff’s attorney testified that an officer of the defendant company came to him two or three days after the summons and complaint were served, and told him that the bill was due, and -he wanted to pay it, but he desired an extension of time. The complaint was for goods sold and delivered, and, if this admission' of the officer had been binding on the corporation, I think it wo'uld: have constituted a valid admission of the cause of action alleged in the .complaint. It is true that the evidence was incompetent, for it-was no.t part of the res gestae, and was not binding…
2Cases cited1 opinion
- Gibbons v. Bush Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Webb v. FriedbergAppellate Division of the Supreme Court of the State of New York · 1921