Appellate Division of the Supreme Court of New York, 1937

Oppenheim & McEwan Co. v. Rosenstein

Oppenheim & McEwan Co. v. Rosenstein
Appellate Division of the Supreme Court of New York · Decided May 12, 1937
251 A.D. 774; 295 N.Y.S. 441; 1937 N.Y. App. Div. LEXIS 7448
Oppenheim & McEwan Co. v. Rosenstein

Opinion of the Court

Defendant has appealed from a judgment of the County Court of Albany county affirming a judgment of the City Court of Albany in plaintiff’s favor. Plaintiff brought the action to recover the value of goods sold and- delivered. The only issue litigated is whether credit for the merchandise so sold was extended to defendant individually or to “ Jack’s Cafeteria, Inc.,” the corporation which defendant organized. There is ample evidence to sustain the judgment. Judgment unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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