Davis v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry Smith, as substituted trustee under the last will and testament of Anna R. Kling, deceased, from •a judgment of the County Court of Sullivan county in favor of the plaintiff, entered in the office of the clerk of the county of Sullivan on the 3d day of February, 1897, upon the verdict of a jury rendered by direction of the court, and also from an order denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Henry Smith, as substituted trustee under the last will and testament of Anna R. Kling, deceased, from •a judgment of the County Court of Sullivan county in favor of the plaintiff, entered in the office of the clerk of the county of Sullivan on the 3d day of February, 1897, upon the verdict of a jury rendered by direction of the court, and also from an order denying the defendant’s motion for a new trial made upon the minutes. The action was originally begun in a Justice’s Court, and plaintiff having recovered judgment therein, the defendant appealed to the County…
1Opinion of the Court
Landon, J. ;
The complaint alleges and the answer admits that the plaintiff sold and delivered to the defendant’s testatrix the milk in question.. The delivery was in February and March, 1892. The plaintiff alleges that the milk was reasonably worth two and a quarter cents per quart. The defendant alleges that it was sold and delivered' under a contract covering the year from April 1,1891, to April 1, 1892, and that by the terms thereof the defendant is entitled to •credit for overpayments made to plaintiff for the milk delivered in the months previous to February and March, 1892. The General…
2Cases cited2 opinions
- Davis v. KlingNew York Supreme Court · 1894
- Goodsell v. Western Union Telegraph Co.New York Court of Appeals · 1892