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Alfred Shrimpton's Sons, Ltd. v. Dworsky

20 N.Y.S. 991 Court N.Y. City Ct. Decision date 1892-10-24 English

Delivered by Ehrlich, C. J.

Contents

Majority

p. 991
Alfred Shrimpton’s Sons, Limited, Respondent, v. Dworsky, Appellant.
(City Court of New York, General Term.
October 24, 1892.)

Headnote

Action by Alfred Shrimpton’s Sons, Limited, against Abraham J. Dworsky.
Argued before Ehrlich, O. J., and Van Wyck, J.
Francis B. Chedsey, for appellant. George C. Coffin, for respondent.

The trial judge intelligently submitted to the jury the question whether the goods delivered had been ordered by the defendant, and whether there was an acceptance of them sufficient to take the case out of the statute of frauds, and the jury found on both propositions in favor of the plaintiff. The evidence sufficiently sustains the findings, and, there being no merit in the exceptions, an affirmance, with costs, follows as of course.