L. C. Page Co. v. Sherwood
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Mew York, borough of Manhattan, first district, in favor of the defendant, rendered after a trial by the court, without a jury.
1Opinion of the CourtGiegerich, J.
The plaintiff, a foreign corporation, brought this action to recover the agreed price of certain goods sold and delivered to the defendant. The answer admitted the sale and delivery of goods .of a slightly less value and set up, as a defense, that the account had been settled by the giving of notes for the amount as adjusted by the parties, after certain allowances mutually agreed upon, which notes had not matured at the time when the action' was commenced.
The defendant clearly failed to establish this defense; and the trial court, as appears from'the record, gave judgment in his favor “…
Also in this document: Concurrence.
2Cases cited5 opinions
- Vaughn Machine Co. v. LighthouseAppellate Division of the Supreme Court of the State of New York · 1901
- Tallapoosa Lumber Co. v. HolbertAppellate Division of the Supreme Court of the State of New York · 1896
- St. Albans Beef Co. v. AldridgeAppellate Division of the Supreme Court of the State of New York · 1906
- Alfred J. Brown Seed Co. v. RichardsonNew York Supreme Court · 1907
- Fresno Home Packing Co. v. Turle & SkidmoreAppellate Terms of the Supreme Court of New York · 1908
3Cited by2 opinions
- L. C. Page & Co. v. SherwoodAppellate Division of the Supreme Court of the State of New York · 1911
- Walton School of Commerce v. GrossCity of New York Municipal Court · 1943