Clark v. Malzacher
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leopold Malzacher, from an order of the County Court of Monroe county, entered in the office' of the clerk of the county of Monroe on the 29th day of March, 1897, disallowing and canceling of record defendant’s costs and disbursements herein as taxed by the clerk of Monroe county.
1Opinion of the Court
Green, J.:
This action was brought in the Municipal Court of Rochester to recover thirty-seven dollars and fifty cents, alleged in the complaint to be due and owing from the defendant to plaintiffs for fifty soap ' cutters, manufactured and sold to- defendant, at his request, and upon his agreement to pay therefor the above-mentioned sum. The defendant answered and interposed a counterclaim for defective construction and breach of- guaranty in the manufacture of the cutters, and demanded judgment in his favor for $500. The issues thus . joined were tried before a judge of the Municipal Court…
2Cases cited1 opinion
- Pierano v. . MerrittNew York Court of Appeals · 1896
3Cited by2 opinions
- Doyle v. FreemanAppellate Division of the Supreme Court of the State of New York · 1932
- Jones v. Watters, New York County Courts1928