North American Instrument Co. v. Monarch Sales Co.

Appellate Division of the Supreme Court of New York

North American Instrument Co. v. Monarch Sales Co.

273 A.D. 892, 78 N.Y.S.2d 561, 1948 N.Y. App. Div. LEXIS 5160

Appellate Division of the Supreme Court of the State of New York·Decided March 29, 1948·Published·Cited by 1 cases

Opinion

On the facts disclosed in this record we hold that the check was given and received in part payment of the purchase price of the merchandise at the time the check was delivered by defendant’s president and the finding of the trial court to the contrary is reversed (see Ablett Go. V. Sencer, 130 Mise. 416, 418). Judgment unanimously affirmed, with costs. Settle order on notice. Present — Peek, P. J., Dore, Callahan, Van Voorhis and Shientag, JJ. [See post, p. 996.]

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On the facts disclosed in this record we hold that the check was given and received in part payment of the purchase price of the merchandise at the time the check was delivered by defendant’s president and the finding of the trial court to the contrary is reversed (see Ablett Go. V. Sencer, 130 Mise. 416, 418). Judgment unanimously affirmed, with costs. Settle order on notice. Present — Peek, P. J., Dore, Callahan, Van Voorhis and Shientag, JJ. [See post, p. 996.]

North American Instrument Co. v. Monarch Sales Co., 273 A.D. 892, 78 N.Y.S.2d 561, 1948 N.Y. App. Div. LEXIS 5160 (N.Y. Ct. App. 1948).

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Opinion

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