M'Kerras v. Gardner
New York Supreme Court
ON certiorari. The plaintiff below declared against the defendant, for damages, sustained in July, 1806, in consequence of the defendant’s not removing his goods * i i • «JT from a store, occupied by hM under the plaintiff, and which removal was, by a contract between the parties, to have been made in May, 1803. The deponent pleaded a suit, and a recovery by him against the plaintiff, before another justice, on a promissory note, in April, 1806, in which suit the plaintiff’s…
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ON certiorari. The plaintiff below declared against the defendant, for damages, sustained in July, 1806, in consequence of the defendant’s not removing his goods * i i • «JT from a store, occupied by hM under the plaintiff, and which removal was, by a contract between the parties, to have been made in May, 1803. The deponent pleaded a suit, and a recovery by him against the plaintiff, before another justice, on a promissory note, in April, 1806, in which suit the plaintiff’s demand ought to have , rr J se6ott* ' i On the trial, the plaintiff below proved, that he had sold' the store, occupied…
1Per curiam
The plaintiff’s demand in the court below, ought to have been set off in the suit on the note» The judgment must be reversed.
Judgment reversed*-
2Cited by2 opinions
- Hogan v. WolfNew York Supreme Court · 1890
- Compton v. HeissenbuttelNew York Court of Common Pleas · 1893