Lamb v. Hirschberg
New York Court of Common Pleas
Appeal from trial term. Action by Hugh Lamb against Augusta Hirschberg and others to recover the purchase money for goods sold and delivered. Erom a judgment for plaintiff, entered on a verdict rendered by direction of the trial court, defendants appeal. Beversed.
1Opinion of the CourtBischoff, J.
The answer denied that defendants “are indebted in any sum whatever upon the alleged cause of action set forth in the complaint,” and did not otherwise deny the allegations of sale and delivery of the merchandise at an agreed price stated. The denial was therefore of a legal conclusion *679merely, insufficient to raise an issue, (Drake v. Cockroft, 4 E. D. Smith, 34; Emery v. Baltz, 94 N. Y. 409, 411;) and the sale and delivery to defendants, as well as their promise to pay, were admitted, (Code Civil Proc. § 522.) The defense remaining was payment, and it was conceded on the trial that…
2Cases cited6 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Wood v. . the Auburn and Rochester R.R. Co.New York Court of Appeals · 1853
- Hammond v. . VarianNew York Court of Appeals · 1873
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3Cited by6 opinions
- Hahnenfeld v. WolffNew York Court of Common Pleas · 1895
- Wilson v. Wyandance Springs Improvement Co.New York Court of Common Pleas · 1893
- Wilson v. Wyandance Springs Improvement Co.New York Court of Common Pleas · 1893
- Lonas v. Myers, New York County Courts1916
- Mikles v. HawkinsAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.