Otto Gerdau Co. v. Bowne-Morton Stores

Full title: OTTO GERDAU CO., Respondent, v. BOWNE-MORTON STORES, INC., Appellant

Court: Court of Appeals of the State of New York

Date published: Mar 8, 1957

141 N.E.2d 635 (N.Y. 1957)

141 N.E.2d 635

161 N.Y.S.2d 153

Opinion

Argued January 9, 1957

Decided March 8, 1957

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE TILZER, J.

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 was in good condition.