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Tuscano v. Astoria Cognac & Liquor Rectifying Co.

130 N.Y.S. 1133 Court N.Y. App. Div. Decision date 1911-06-29 English

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Majority

p. 1133
TUSCANO, Respondent, v. ASTORIA COGNAC & LIQUOR RECTIFYING CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
June 29, 1911,)

Headnote

Action by Moses Tuscano against the Astoria Cognac & Liquor Rectifying Company.

Judgment of the Municipal Court reversed, and new trial ordered, costs' to abide the event, on the ground that the plaintiff failed to establish a cause of action either for goods sold and delivered or upon an account stated.