Opinion · Nylaw New York

NATIONAL CASH REGISTER COMPANY v. AVERY, 245 App. Div. 893 (1935)

Nat’l CASH Reg. Co., Appellant, v. LYMAN AVERY, DoingBusiness under the Name & Style of LYMAN AVERY Co., Respondent., 245 A.D. 893 (Appellate Division of the Supreme Court of New York, Third Department. 1935)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1935-01-01
Topic: general

NATIONAL CASH REGISTER COMPANY v. AVERY, 245 App. Div. 893 (1935) THE NATIONAL CASH REGISTER COMPANY, Appellant, v. LYMAN AVERY, DoingBusiness under the Name and Style of LYMAN AVERY COMPANY, Respondent.Appellate Division of the Supreme Court of New York, Third Department. September, 1935.

Citator

UpLaw has not yet analyzed NATIONAL CASH REGISTER COMPANY v. AVERY, 245 App. Div. 893 (1935). The absence of a flag is not a finding that it is good law.

NATIONAL CASH REGISTER COMPANY v. AVERY,245 App. Div. 893(1935)

THE NATIONAL CASH REGISTER COMPANY, Appellant, v. LYMAN AVERY, Doing

Business under the Name and Style of LYMAN AVERY COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

September, 1935.

Appeal from County Court of Fulton County.

The action is to recover the balance of the purchase price of three cash registers sold and delivered by appellant to respondent. The appellant had a verdict and judgment in the City Court for the full amount of its claim. The County Court reversed and granted a new trial upon the ground that the plaintiff's proof was insufficient as a matter of law to establish the essential allegations of the complaint and that the verdict was against the weight of the evidence. The proof showed that the respondent authorized the making of the original order to purchase the cash registers and that the registers have been delivered to him at his warehouse and the jury was fully warranted in so finding. Judgment and order of the County Court of Fulton county reversed on the law and facts and judgment of the City Court of the city of Gloversville reinstated, with costs to the appellant in all courts. Hill, P.J., Rhodes, McNamee, Bliss and Heffernan, JJ., concur.