Monadnock Cutlery Co. v. Bernard Wasser, Inc.

Appellate Terms of the Supreme Court of New York

Monadnock Cutlery Co. v. Bernard Wasser, Inc.

35 Misc. 2d 162, 232 N.Y.S.2d 196, 1962 N.Y. Misc. LEXIS 3131

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 14, 1962

StatusPublished

Cited by3 cases

This text of 35 Misc. 2d 162 (Monadnock Cutlery Co. v. Bernard Wasser, Inc.) 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

Monadnock Cutlery Co. v. Bernard Wasser, Inc., 35 Misc. 2d 162, 232 N.Y.S.2d 196, 1962 N.Y. Misc. LEXIS 3131 (N.Y. Ct. App. 1962).

Pincite

Opinion

Per Curiam.

Under section 31 of the Personal Property Law (Statute of Frauds), there may be more than one memorandum, only one of which is required to be signed. The unsigned memorandum may be connected with the signed memorandum by parol evidence. The writings in this case pose a triable issue as to compliance with the statute. Oral testimony may be elicited with a view toward establishing defendant’s guarantee by showing a connection between the documents and the defendant’s assent thereto (Crabtree v. Elizabeth Arden Sales Corp., 305 N. Y. 48).

The order granting summary judgment and the judgment entered thereon should be reversed, and the action remanded for a trial of the issues, with $10 costs to plaintiff-appellant.

Concur — Hecht, J. P., Hoestadter and Tilzer, JJ.

Order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Under section 31 of the Personal Property Law (Statute of Frauds), there may be more than one memorandum, only one of which is required to be signed. The unsigned memorandum may be connected with the signed memorandum by parol evidence. The writings in this case pose a triable issue as to compliance with the statute. Oral testimony may be elicited with a view toward establishing defendant’s guarantee by showing a connection between the documents and the defendant’s assent thereto (Crabtree v. Elizabeth Arden Sales Corp., 305 N. Y. 48).

The order granting summary judgment and the judgment entered thereon should be reversed, and the action remanded for a trial of the issues, with $10 costs to plaintiff-appellant.

Concur — Hecht, J. P., Hoestadter and Tilzer, JJ.

Order reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

35 Misc. 2d 162, 232 N.Y.S.2d 196, 1962 N.Y. Misc. LEXIS 3131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monadnock-cutlery-co-v-bernard-wasser-inc-nyappterm-1962.

Opinion

Related

Cite This Page — Counsel Stack