64 N.Y.S. 52 | N.Y. App. Div. | 1900
This is an equitable action, and the facts developed on the trial show that prior to the 11th day of February, 1898, John Quee was the owner of a drug store at Bath Beach, and that either he or his wife, Ida L. Quee, owned another store on Third avenue, in Brooklyn, the business of both places being conducted by John Quee, in so far as it related to the defendants at least. The defendants were wholesale druggists, and during the time that John Quee was conducting the two stores mentioned they sold goods to him amounting in the aggregate to about $1,790 above the amounts paid upon the account at various times. Quee appears to have been slow in making payments, and the defendants at intervals made pressing demands upon him for settlement, resulting in John Quee and Ida L. Quee giving the defendants their promissory notes for the amount due. These notes remained unpaid, and the defendants continued to press for their money. John Quee finally hit upon the plan of organizing the Quee Drug Company, the plaintiff in this
The judgment appealed from should be affirmed, without costs-All concur.