Distillers Factors Corp. v. Glenmore Distillers Co.

Appellate Division of the Supreme Court of New York

Distillers Factors Corp. v. Glenmore Distillers Co.

272 A.D.2d 1051

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

DecidedNovember 28, 1947

StatusPublished

This text of 272 A.D.2d 1051 (Distillers Factors Corp. v. Glenmore Distillers Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Distillers Factors Corp. v. Glenmore Distillers Co., 272 A.D.2d 1051 (N.Y. Ct. App. 1947).

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Opinion

A question of fact is presented concerning whether the contract alleged in the complaint and bill of particulars calls for a barter transaction. In that event, the bulk whiskey which has been delivered by plaintiff to defendant would constitute payment in whole or in part of the purchase price of the packaged whiskies to be delivered by defendant to plaintiff, thus complying with subdivision 1 of section 85 of the Personal Property Law. Order unanimously modified by denying absolutely defendant’s motion for judgment on the pleadings, and, as so modified, affirmed, with $20 costs and disbursements to the plaintiff. Settle order on notice. Present — Peek, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ. [See 273 App. Div. 808.]

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A question of fact is presented concerning whether the contract alleged in the complaint and bill of particulars calls for a barter transaction. In that event, the bulk whiskey which has been delivered by plaintiff to defendant would constitute payment in whole or in part of the purchase price of the packaged whiskies to be delivered by defendant to plaintiff, thus complying with subdivision 1 of section 85 of the Personal Property Law. Order unanimously modified by denying absolutely defendant’s motion for judgment on the pleadings, and, as so modified, affirmed, with $20 costs and disbursements to the plaintiff. Settle order on notice. Present — Peek, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ. [See 273 App. Div. 808.]

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272 A.D.2d 1051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/distillers-factors-corp-v-glenmore-distillers-co-nyappdiv-1947.