Payne v. . Witherbee, Sherman Company
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 11, 1909, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term, dismissing the complaint upon the merits and directing judgment for defendant on its counterclaim.
1Opinion of the CourtCollin, J.
The action is to recover the sum of $1,461.84 as a balance due for electrical power furnished the defendant, a domestic corporation, by plaintiff, between January and June, 1907, and for the construction of the contract upon which the action is brought. The defendant denied its liability, and alleged as a counterclaim an overpayment by it to plaintiff during the year 1906, through a mistake of fact, of the sum of $3,646.23. The rights and liabilities of the parties spring from a contract dated March 22, 1905, -which obligated the plaintiff to deliver to defendant, through the succeeding ten…
2Cases cited7 opinions
- Hathaway v. . County of DelawareNew York Court of Appeals · 1906
- Mowatt v. WrightNew York Supreme Court · 1828
- Flynn v. . HurdNew York Court of Appeals · 1889
- Redmond v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Newburgh Savings Bank v. Town of WoodburyNew York Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- Dillon v. U-A Columbia Cablevision of Westchester, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- M. & C. Creditors Corp. v. PrattNew York Supreme Court · 1938
- Hammond v. HammondDistrict Court, District of Columbia · 1942
- Greidinger v. HoffbergAppellate Division of the Supreme Court of the State of New York · 1975
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