Hecker-Jones-Jewell Milling Co. v. Bernstein

Appellate Terms of the Supreme Court of New York

Hecker-Jones-Jewell Milling Co. v. Bernstein

142 Misc. 501, 254 N.Y.S. 588, 1932 N.Y. Misc. LEXIS 915

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 8, 1932

StatusPublished

This text of 142 Misc. 501 (Hecker-Jones-Jewell Milling Co. v. Bernstein) 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

Hecker-Jones-Jewell Milling Co. v. Bernstein, 142 Misc. 501, 254 N.Y.S. 588, 1932 N.Y. Misc. LEXIS 915 (N.Y. Ct. App. 1932).

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Opinion

Per Curiam.

The evidence establishes that the defendant was an infant when the merchandise was purchased. The plaintiff, therefore, could not recover on the contract of sale nor could the defendant be required to pay the reasonable value of the merchandise with which he has since parted as a condition of pleading infancy. (Green v. Green, 69 N. Y. 553.) Moreover, the defendant is not hable in tort for any misrepresentation concerning his age implied from the fact that he purchased the merchandise. (International Text Book Co. v. Connelly, 206 N. Y. 188.)

Judgment and order reversed, with thirty dollars costs, and judgment directed for defendant, with costs.

All concur; present, Lydon, Frankenthaler and Untermyer, JJ.

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Per Curiam.

The evidence establishes that the defendant was an infant when the merchandise was purchased. The plaintiff, therefore, could not recover on the contract of sale nor could the defendant be required to pay the reasonable value of the merchandise with which he has since parted as a condition of pleading infancy. (Green v. Green, 69 N. Y. 553.) Moreover, the defendant is not hable in tort for any misrepresentation concerning his age implied from the fact that he purchased the merchandise. (International Text Book Co. v. Connelly, 206 N. Y. 188.)

Judgment and order reversed, with thirty dollars costs, and judgment directed for defendant, with costs.

All concur; present, Lydon, Frankenthaler and Untermyer, JJ.

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Bluebook (online)

142 Misc. 501, 254 N.Y.S. 588, 1932 N.Y. Misc. LEXIS 915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hecker-jones-jewell-milling-co-v-bernstein-nyappterm-1932.

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