Siebert v. Dunn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bart Dunn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of February, 1911, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 15th day of February, 1911, granting the plaintiff’s motion for the direction of a verdict, and also from an order entered on the 24th day of April, 1911,…
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Appeal by the defendant, Bart Dunn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of February, 1911, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 15th day of February, 1911, granting the plaintiff’s motion for the direction of a verdict, and also from an order entered on the 24th day of April, 1911, resettling an order entered on the 10th day of April, 1911, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
The jury has found that the Eastern Paving Brick Company, the original assignor, broke its contract to sell the defendant whatever vitrified brick he should require for building a sewer for the city of New York, and the court dismissed the counterclaim and directed a verdict for plaintiff for the balance due on bricks delivered to defendant under the contract. The question is whether in this action by the assignee of the amount unpaid the defendant can interpose the defense that the assignor broke the contract, and counterclaim for damages for such breach. It is necessary to notice…
2Cases cited5 opinions
- Goebel v. . WolfNew York Court of Appeals · 1889
- Fera v. . WickhamNew York Court of Appeals · 1892
- Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1910
- Halsey v. Henry Jewett Dramatic Co.New York Court of Appeals · 1907
- Michigan Savings Bank v. MillarAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- In Re the Accounting of FraserNew York Court of Appeals · 1937
- National Nassau Bank v. I. M. Ludington's Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1914
- United States Trust Co. v. MendelsonAppellate Division of the Supreme Court of the State of New York · 1924
- National Nassau Bank v. I. M. Ludington's Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1914