Press Co. v. J. J. Little & Ives Co.

Appellate Division of the Supreme Court of New York

Press Co. v. J. J. Little & Ives Co.

256 A.D. 878, 9 N.Y.S.2d 221, 1939 N.Y. App. Div. LEXIS 5216

Appellate Division of the Supreme Court of the State of New York·Decided January 25, 1939·Published

Opinion

— Defendant has appealed from an order of the Albany Special Term of the Supreme Court, denying its motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action. The action is to recover a credit for the return of certain books which plaintiff had purchased from defendant upon a consignment basis. The complaint alleged an offer and acceptance. The defendant delivered the books. The plaintiff paid therefor and later offered to return those which had been unsold and which defendant refused to accept. The complaint states a good cause of action. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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

— Defendant has appealed from an order of the Albany Special Term of the Supreme Court, denying its motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action. The action is to recover a credit for the return of certain books which plaintiff had purchased from defendant upon a consignment basis. The complaint alleged an offer and acceptance. The defendant delivered the books. The plaintiff paid therefor and later offered to return those which had been unsold and which defendant refused to accept. The complaint states a good cause of action. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

Press Co. v. J. J. Little & Ives Co., 256 A.D. 878, 9 N.Y.S.2d 221, 1939 N.Y. App. Div. LEXIS 5216 (N.Y. Ct. App. 1939).

Pincite

256 A.D. 878 (Press Co. v. J. J. Little & Ives Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.