Parsons v. . Sutton
New York Court of Appeals
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
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Clark & Clark v. PinneyNew York Supreme Court · 1827
3Cited by52 opinions
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Todd v. . GambleNew York Court of Appeals · 1896
- Lawrence v. PorterCourt of Appeals for the Sixth Circuit · 1894
- Lillard v. Kentucky Distilleries & Warehouse Co.Court of Appeals for the Sixth Circuit · 1904
- Champion Spark Plug Co. v. Automobile Sundries Co.Court of Appeals for the Second Circuit · 1921
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