Mastin v. Boland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Johanna Boland, from an order of the County Court of Onondaga county, entered in the office of the clerk of said county on the 19th day of December, 1916, affirming a judgment of the Municipal Court of the City of Syracuse in plaintiff’s favor and also from the judgment entered in said clerk’s office on the 19th day of December, 1916, affirming said Municipal Court judgment pursuant to the order appealed from.
1Opinion of the Court
Foote, J.:
The decision as first made by the Municipal Court judge clearly indicates that he found with defendant as to the warranty, its breach, and that the defendant sustained damages thereby which constituted a good counterclaim. His subsequent order modifying his first decision permitted plaintiff to recover the full contract price for the goods delivered and allowed nothing upon the counterclaim. We cannot assume that he intended to find the facts differently. His decision indicates that while finding the facts in favor of defendant, he held her not entitled to recover upon her…
2Cited by3 opinions
- Wildman Mfg. Co. v. Davenport Hosiery MillsTennessee Supreme Court · 1922
- Kaufmann v. LevyAppellate Terms of the Supreme Court of New York · 1918
- Weinstein v. Ken-Wel Sporting Goods Co.Appellate Division of the Supreme Court of the State of New York · 1930