Legal Opinion

Parsons v. . Sutton

New York Court of Appeals

Decided April 25, 1876PublishedCited by 52 opinions

Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 7 J. & S., 544.) The nature of the action and facts are sufficiently set forth in the opinion. Defendants had a right to have their counter-claim determined in this action. (Code, § 150.) It was error to exclude the conversation with one of the defendants, a part of which had been proved by plaintiffs.

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Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 7 J. & S., 544.) The nature of the action and facts are sufficiently set forth in the opinion. Defendants had a right to have their counter-claim determined in this action. (Code, § 150.) It was error to exclude the conversation with one of the defendants, a part of which had been proved by plaintiffs. ( Vibbard v. Staats, 3 Hill, 144; Nesbit v. Stringer, 2 Duer, 26; Bearss v. Copley, 6 Seld., 93; R. P. A. Co. v. Warner,…

1Opinion of the CourtEabl., J.

The plaintiffs’ complaint is for paper of the value of $1,793.93, sold and delivered to the defendants between June 6th and September 20, 1872. The defence is substantially a general denial and two counter-claims. The first counter-claim is for the sum of eighty dollars, alleged to have been paid to the plaintiffs by the defendants about the 10th day of June, 1872, under a mistake induced by plaintiffs’ misrepresentations. The second counter-claim is for damages sustained by defendants by a failure on the part of the plaintiffs to deliver to the defendants a quantity of paper which, on the…

2Cases cited2 opinions

  1. Dana v. . FiedlerNew York Court of Appeals · 1854
  2. Clark & Clark v. PinneyNew York Supreme Court · 1827

3Cited by52 opinions

  1. Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
  2. Todd v. . GambleNew York Court of Appeals · 1896
  3. Lawrence v. PorterCourt of Appeals for the Sixth Circuit · 1894
  4. Lillard v. Kentucky Distilleries & Warehouse Co.Court of Appeals for the Sixth Circuit · 1904
  5. Champion Spark Plug Co. v. Automobile Sundries Co.Court of Appeals for the Second Circuit · 1921

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