Otto Gerdau Co. v. Bowne-Morton Stores, Inc.

2 N.Y.2d 905 Court N.Y. Decision date 1957-03-08 English

Judges Concur: Conway, Ch. J., Desmond, Dye, Fuld and Burke, JJ. Froessel and Van Voorhis, JJ., dissent and vote to reverse and dismiss the complaint upon the ground that the evidence was insufficient to establish that the merchandise received by the defendant ivas in good condition.

Majority

p. 905

Otto Gerdau Co., Respondent, v. Bowne-Morton Stores, Inc., Appellant.

Argued January 9, 1957;

decided March 8, 1957.

p. 906

Joseph M. Lonergan and Murray I. Sommer for appellant.

Robert F. Doran for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld and Burke, JJ. Froessel and Van Voorhis, JJ., dissent and vote to reverse and dismiss the complaint upon the ground that the evidence was insufficient to establish that the merchandise received by the defendant ivas in good condition.