DONNER v. ASSOCIATED LACE CORP.


277 A.D. 697 (1951)

Abraham Donner, Appellant, v. Associated Lace Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 20, 1951.


Attorney(s) appearing for the Case

Otto A. Samuels for appellant.

Edwin M. Reich (Charles Cohen with him on the brief), for respondent.

PECK, P. J., GLENNON, VAN VOORHIS and SHIENTAG, JJ., concur in Per Curiam opinion; CALLAHAN, J., dissents and votes to reverse, in opinion.


Per Curiam.

The facts in connection with this transaction, so far as the documentary evidence is concerned, are fully set forth in the dissenting opinion of CALLAHAN, J., and need not here be repeated.

The primary question in this case is when title passed to the goods in controversy. In the absence of a specific provision on that point, the question of when title passes is primarily one the light of the surrounding...

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