ALBANY FROSTED FOODS v. GIFTOS


26 Misc.2d 370 (1961)

Albany Frosted Foods, Inc., Plaintiff, v. Peter Giftos, Defendant.

City Court of Albany.

January 25, 1961


Attorney(s) appearing for the Case

Morton M. Z. Lynn and Condon A. Lyons for plaintiff. Murphy, Aldrich, Guy, Broderick & Simon for defendant.


SAMUEL JACOBS, J.

Plaintiff seeks to recover the sum of $729.91 for goods sold and delivered. It is defendant's contention that the merchandise for which recovery is sought was sold and delivered to Airport Inn, Inc., a corporation in which defendant was principal stockholder, and was not delivered to him personally.

There is undisputed evidence that plaintiff had done business with the defendant at another location prior to the transaction herein...

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