Mathieu v. Hoover Co.

Appellate Division of the Supreme Court of New York

Mathieu v. Hoover Co.

225 A.D. 683

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

DecidedNovember 15, 1928

DocketAppeal No. 1

StatusPublished

This text of 225 A.D. 683 (Mathieu v. Hoover 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.

Bluebook

Mathieu v. Hoover Co., 225 A.D. 683 (N.Y. Ct. App. 1928).

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Opinion

Order denying motion to vacate warrant of attachment and to set aside levies made thereunder affirmed, with ten dollars costs and disbursements. In our opinion, the written contract alleged in the complaint is one of purchase and sale and binding upon both parties within the principles laid down in Wood v. Duff-Gordon (222 N. Y. 88); Edison El. Ill. Co. v. Thacher (229 id. 172); Saltzman v. Barson (239 id. 332); Wells v. Alexandre (130 id. 642). The complaint, therefore, states a cause of action and the plaintiff’s proof of damages is sufficient to [684]*684support the attachment. Lazansky, P. J., Rich, Young, Seeger and Carswell, JJ., concur.

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Order denying motion to vacate warrant of attachment and to set aside levies made thereunder affirmed, with ten dollars costs and disbursements. In our opinion, the written contract alleged in the complaint is one of purchase and sale and binding upon both parties within the principles laid down in Wood v. Duff-Gordon (222 N. Y. 88); Edison El. Ill. Co. v. Thacher (229 id. 172); Saltzman v. Barson (239 id. 332); Wells v. Alexandre (130 id. 642). The complaint, therefore, states a cause of action and the plaintiff’s proof of damages is sufficient to [684]*684support the attachment. Lazansky, P. J., Rich, Young, Seeger and Carswell, JJ., concur.

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225 A.D. 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathieu-v-hoover-co-nyappdiv-1928.

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