Mitchell v. Miller
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the First Municipal Court, borough of Manhattan, in favor of the plaintiffs.
1Opinion of the CourtGildersleeve, J.
The pleadings are in writing. The complaint sets forth a cause of action Lor goods sold and delivered by *180the plaintiffs to defendants, between January 2, 1895, and January 29, 1897, at the agreed price of $333.58', upon which the sum of $61.15 has been paid, leaving a balance due of $272.45, which is a slight arithmetical error; and the complaint also demands interest by average from January 1, 1897. The answer of Jacob Miller admits that goods were sold and delivered to him by plaintiffs, but alleges that the goods were inferior to the quality agreed upon, and that plaintiffs agreed to make…
2Cases cited2 opinions
- White v. . RintoulNew York Court of Appeals · 1888
- Perry v. ErbAppellate Terms of the Supreme Court of New York · 1898
3Cited by2 opinions
- First National Bank v. BertoliSupreme Court of Vermont · 1914
- Gilles v. MahonySupreme Court of Minnesota · 1900