Tenenbaum v. Cohen
Appellate Terms of the Supreme Court of New York
Plaintiffs appeal from a judgment of the City Court of the city of New York entered in their favor for the sum of $775.13, upon the verdict of a jury, and from an order denying their motion for a new trial.
1Opinion of the CourtOrdway, J.
This is an action to recover the purchase price of certain silks sold and delivered by the plaintiffs to defendant, the defense to which is a breach of warranty, and a set-off of damages arising therefrom.
It was practically conceded upon the trial that the plaintiffs sold and delivered to the defendant the silks in question, and that the price thereof was agreed upon, and that the only issue was as to whether the defendant was entitled to a set-off for damages because of the alleged breach of warranty. As the plaintiffs’ claim, as pleaded and proved by them, amounted to $1,265.87, and as the…
2Cases cited5 opinions
- Warner v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Hodgkins v. . MeadNew York Court of Appeals · 1890
- Wands v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1916
- Anderson v. Illinois Surety Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Black v. DudleyAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Norris v. Manischewitz Broadway Central Hotel, Inc.New York Supreme Court · 1927