James Howden & Co. of America, Inc. v. American Condenser & Engineering Corp.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 3, 1920, which reversed an order of Special Term overruling a demurrer to plaintiff’s reply and sustained said demurrer. The action was to recover for goods alleged to have been sold and delivered. The answer denied the sale and delivery, and set up two counterclaims, both as separate defenses and as counterclaims.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 3, 1920, which reversed an order of Special Term overruling a demurrer to plaintiff’s reply and sustained said demurrer. The action was to recover for goods alleged to have been sold and delivered. The answer denied the sale and delivery, and set up two counterclaims, both as separate defenses and as counterclaims. In the first counterclaim the defendant alleges a contract entered into between the parties on May 22, 1918, wherein time is claimed to have been…
1Opinion of the Court
Order affirmed, with costs, and questions certified answered in the negative; no opinion.
Concur: His cock, Ch. J., Chase, Hogan, Pound, McLaughlin and Andrews, JJ. Absent: Crane, J.
2Cited by9 opinions
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- Burley Newspapers, Inc. v. Mist Publishing Co.Idaho Supreme Court · 1966
- Warren Trading Corp. v. Kraglan Building Corp.Appellate Division of the Supreme Court of the State of New York · 1927
- Bozzuto's Inc. v. KANTROWITZ & SONS, INC.New Jersey Superior Court Appellate Division · 1971
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