Shaen v. Gumpert
City of New York Municipal Court
Appeal from trial term. Action by Henry B. Shaen and others against Samuel Gumpert for goods sold and delivered. A verdict for plaintiffs was directed, and defendant appeals.
1Opinion of the Court
Per Cithiam.
The plaintiffs are agents for Elston & Balston, manufacturers in England. The contract with the defendant was made by the plaintiffs, who, as trustees of an express trust, rightfully brought the action. Code, § 449. After the plaintiffs had rested their case, the defendant’s counsel opened the defense to the jury, and, on the conclusion of the opening, the plaintiffs’ counsel moved for judgment in favor of the plaintiffs for the amount claimed, with interest, less $123, the amount of a counter-claim pleaded by the defendant. The answer, however, pleads more than a counter-claim.…
2Cases cited2 opinions
- Sturtevant v. . OrserNew York Court of Appeals · 1862
- Collins v. BrooksNew York Court of Common Pleas · 1861