Dommerich v. Garfunkel

Appellate Terms of the Supreme Court of New York

Dommerich v. Garfunkel

33 Misc. 743, 67 N.Y.S. 167

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 15, 1900

StatusPublished

This text of 33 Misc. 743 (Dommerich v. Garfunkel) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dommerich v. Garfunkel, 33 Misc. 743, 67 N.Y.S. 167 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

The defendants’ witnesses testified on the trial that the goods sold in September, were the same goods as those sold in July, while the warranty set up in the defense and counter[744]*744claim was that the goods .were “ good merchantable cloths, fit to be manufactured into cloaks fit for ordinary use and wear.”

The defendants sought to show on the trial what kind of goods certain July goods were, but this evidence was excluded. There was no error in this ruling. To show that the goods delivered in September, were not the same goods as those delivered in July, did not tend to establish the defendants’ defense.

Judgment affirmed, with costs.

Present: Tbuax, P. J., Soott and Dugeo, JJ.

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Per Curiam.

The defendants’ witnesses testified on the trial that the goods sold in September, were the same goods as those sold in July, while the warranty set up in the defense and counter[744]*744claim was that the goods .were “ good merchantable cloths, fit to be manufactured into cloaks fit for ordinary use and wear.”

The defendants sought to show on the trial what kind of goods certain July goods were, but this evidence was excluded. There was no error in this ruling. To show that the goods delivered in September, were not the same goods as those delivered in July, did not tend to establish the defendants’ defense.

Judgment affirmed, with costs.

Present: Tbuax, P. J., Soott and Dugeo, JJ.

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Bluebook (online)

33 Misc. 743, 67 N.Y.S. 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dommerich-v-garfunkel-nyappterm-1900.