Hyperlawhypertext legal database Goldstein v. Schwartz 148 N.Y.S. 256

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Goldstein v. Schwartz

148 N.Y.S. 256 Court Argued June term, 1914, before SEABURY, BIJUR, and PAGE, JJ. Decision date 1914-06-18 English

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p. 256
GOLDSTEIN v. SCHWARTZ.
(Supreme Court, Appellate Term, First Department.
June 18, 1914.)

Headnote

Assignments (§ 136[1] )—Proof of Execution.
In an action by an assignee for goods sold, it was error to admit in evidence the assignment, without any proof of its execution and delivery.
[Ed. Note.—For other cases, see Assignments, Cent. Dig. § 233 : Dec. Dig. § 136.*]
Appeal from Municipal Court, Borough of Manhattan, First District.
Action by Victor Goldstein against Morris Schwartz. Judgment for plaintiff, and defendant appeals.
Reversed, and new trial granted.
Argued June term, 1914, before SEABURY, BIJUR, and PAGE, JJ.
Bernard Chambers, of New York City, for appellant.
Abraham L. Levy, of New York City, for respondent.

This action is to recover the agreed price of certain stoves alleged to have been sold by plaintiff’s assignor to defendant. Over defendant’s objection the assignment was put in evidence, without any proof of its execution or delivery.

Judgment reversed, and a new trial granted, with costs to appellant to abide the event.