International Worsted Mills v. Priestleys, Ltd.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Priestleys, Limited, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of February, 1922, appointing a referee to hear and determine the issues.
1Opinion of the Court
Smith, J.:
The portion of the complaint printed in the record, viz., the first cause of action, shows that the plaintiff sold and delivered to the defendant between July 23, 1918, and May 6, 1919, certain goods at agreed prices, amounting to $2,298.65; that plaintiff rendered to defendant invoices of such goods about the time of the delivery; that the defendant retained the invoices without objection until about July 30, 1920, when it sought to return one piece of goods included in the invoice of July 23, 1918, at the sum of $92.66; that the defendant paid to plaintiff and was allowed credits…
2Cases cited1 opinion
- Steck v. Colorado Fuel & Iron Co.New York Court of Appeals · 1894
3Cited by1 opinion
- International Worsted Mills v. Priestleys, Ltd.Appellate Division of the Supreme Court of the State of New York · 1922