Hoe v. Sanborn
New York Supreme Court
Motion to correct a judgment roll. Also separate motion to strike from the entry of judgment, plaintiffs’ costs, and that defendant be allowed to recover his costs by a proper entry in the roll.
1Opinion of the Court
Boches, Justice.
These motions were heard together, and, on the merits, depend on the same question. They will therefore be considered as one motion.
The facts of the case are these : The plaintiffs brought their action on a promissory note for $467.88, made by the defendant, August 17, 1855, payable five months from date. The defendant answered, denying the indebtedness on the note, and alleging that the note was given on a sale of saws, as to which there was a warranty; and he averred a breach of the warranty, and damages which he claimed to have allowed to him in satisfaction or reduction of…
2Cited by2 opinions
- Hoe v. SanbornNew York Court of Appeals · 1860
- Scoville v. KentNew York Supreme Court · 1868