Dooley v. Moan
New York Supreme Court
Appeal from Albany county court. Action by James J. Dooley against Arthur Moan, brought before a justice of the peace. Defendant pleaded a counter-claim for goods sold and delivered, part of which was allowed by the justice, and the judgment thereon was affirmed by the county court on appeal. From the judgment of affirmance by the county court, plaintiff appeals.
1Opinion of the CourtMayham, J.
This is an appeal from the judgment of the county court of Albany county, affirming a judgment of a justice of the peace. The action was for work and labor. The answer admitted the plaintiff's claim, and set up, by way of set-off or counter-claim, an account for goods, wares, and merchandise sold and delivered by defendant to plaintiff. On the trial before the justice, the defendant claimed and was awarded the affirmative of the issue, and, to establish his counter-claim, proved that he was a merchant, and as such sold and delivered goods to the plaintiff, some of which were delivered to…
2Cases cited4 opinions
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Marcly v. . ShultsNew York Court of Appeals · 1864
- Gould v. ConwayNew York Supreme Court · 1871
3Cited by10 opinions
- Smith v. . SmithNew York Court of Appeals · 1900
- Walbridge v. SimonThe Superior Court of the City of New York and Buffalo · 1895
- Swan v. . WarnerNew York Court of Appeals · 1910
- Hancock v. FlynnNew York Supreme Court · 1889
- Irish v. HornNew York Supreme Court · 1895
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