Legal Opinion · Concurrence

Dreyfuss v. Foster

City of New York Municipal Court

Decided December 20, 1888Published

Appeal from trial term. Action by Bernard Dreyfuss against Meyer Foster and others, for refusal to accept goods sold. Defendants appeal from judgment entered on verdict in favor of'plaintiff.

1Concurrence

MoAdam, G. J., (concurring.)

The action, as originally brought, was tore-cover $564 for that number of busts made for the defendants, and $50 for a model, aggregating $614; and by way of further damages the plaintiff alleges “that in consequence of the defendants’ wrongful refusal to accept the said 564 busts, the plaintiff was obliged to keep the same in his warehouse, where the same incumber his premises and occupy space which plaintiff requires for other goods; and plaintiff claims as special damage, or by way of storage, $5.64 per day from February 27, 1886, to the date of trial.” The…

2Cases cited14 opinions

  1. Dillon v. . AndersonNew York Court of Appeals · 1870
  2. Hamilton v. . McPhersonNew York Court of Appeals · 1863
  3. Moller v. . TuskaNew York Court of Appeals · 1881
  4. Pollen v. . Le RoyNew York Court of Appeals · 1864
  5. Hunter v. . WetsellNew York Court of Appeals · 1881

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