Ellis v. Delafield
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Thomas B. McGovern and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of March, 1911, upon the decision of the court rendered after a trial at the New York Trial Term, a jury having been waived.
1Opinion of the Court
Miller, J.:
On the 3d day of April, 1897, in an action wherein the plaintiff’s testator was defendant, and these defendants were plaintiffs, a judgment was rendered in the Circuit Court of Bock .county, Wis., in favor of the plaintiff therein for the sum of $3,294.83. Thereafter an appeal was taken to the Supreme *28Court of that State, which reversed the judgment and decided .that the defendant therein, the said testator, was entitled to a judgment .in the sum of $1,507.25, upon a counterclaim interposed by him, and accordingly judgment was entered for said sum in his favor in the Circuit Court…
2Cases cited4 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- Laing v. RigneySupreme Court of the United States · 1896
- Knowlton v. MackenzieCalifornia Supreme Court · 1895
- McDonald v. . DavisNew York Court of Appeals · 1887
3Cited by3 opinions
- 755 Seventh Avenue Corp. v. CarrollNew York Court of Appeals · 1935
- Phillips v. GriffenAppellate Division of the Supreme Court of the State of New York · 1932
- Colson v. Mabur Realty Corp.City of New York Municipal Court · 1948