Kaufmann v. Levy
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the City Court of the city of New York in favor of himself, on the ground that said judgment is inadequate, and from an order denying plaintiff’s motion to set aside verdict.
1Opinion of the CourtPhilbin, J.
Action is brought on a promissory note made by defendant to plaintiff for $630. The making of the note is admitted. It was given in payment of certain sandals sold and delivered by the plaintiff to the defendant. Without going into detail as to the answer and reply, it is sufficient briefly to outline defendant’s position. He sets up the defense of failure of consideration, claiming that the sandals were defective and that within a reasonable time he notified 1he plaintiff and offered to return them. Defendant also alleges the same facts as a counterclaim to the amount of $180. A second…
2Cases cited2 opinions
- Silberstein v. BlumAppellate Division of the Supreme Court of the State of New York · 1915
- Mastin v. BolandAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by4 opinions
- Wildman Mfg. Co. v. Davenport Hosiery MillsTennessee Supreme Court · 1922
- Silberman v. EngelAppellate Terms of the Supreme Court of New York · 1924
- Milz & Cie v. BloomfieldNew York Supreme Court · 1932
- Dailey Mills, Inc. v. StateNew York Court of Claims · 1951