Barber v. Gray
New York Court of Common Pleas
Action by Marshall Barber and another against Albert Gray. A judgment of the general term of the city court in favor of plaintiffs (23 H. Y. Supp. 313) was affirmed without opinion, (23 H. Y. Supp. 1156,) and defendant (appellant) moves for a reargument.
1Opinion of the CourtBookstaver, J.
When the court announced its decision on this appeal, it is quite true that it was placed upon the ground that the damages claimed were unliquidated, and the appellant asked too much on his motion; but, although the reason stated for the ruling of the court may have been insufficient, the decision was correct. In making the announcement we did not overlook the fact that the two counterclaims were pleaded as defenses as well as counterclaims, and that by omitting to reply the plaintiffs had, for the purposes of this action, admitted the coal delivered to have been of inferior quality, and…
2Cases cited1 opinion
- Scribner v. LevyNew York Supreme Court · 1889
3Cited by2 opinions
- Barber v. RutherfordNew York Court of Common Pleas · 1895
- Rothenberg v. GreenthalAppellate Division of the Supreme Court of the State of New York · 1916