Smith v. Davis
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the defendants, rendered in the Municipal Court of the city of Mew York, borough of Manhattan, for the first district.
1Opinion of the CourtLeventritt, J.
To recover the unpaid balance of the purchase price of goods sold and delivered, the plaintiff brought this action. He contended that the defendants had effected purchases of shoes from one William B. Dibble, to the amount of $100.40, and having paid on account thereof only $70, there remained owing a balance of $30.40, which demand was duly assigned to him. The defendants resisted recovery upon the plea that they had fully paid for all the goods which they had purchased, and that the $30.40 claimed, represented certain shoes, which they had never bought, and which they returned shortly after…
2Cases cited2 opinions
- Lynch v. KluberAppellate Terms of the Supreme Court of New York · 1897
- Pelletreau v. United States Electric L. & P. Co.New York Court of Common Pleas · 1895