Empire Coal Sales Corp. v. Platt

— Judgment of the City Court of Mount Vernon, entered upon the verdict of a jury in favor of the defendant, reversed on the law, with costs, and judgment directed for the plaintiff, with costs. The action was on a promissory note. By payments the amount due thereon was reduced to $400. The defendant resisted the payment of that amount upon the ground that three months prior to the giving of the note an arrangement had been made whereby an allowance was given to the defendant for $400 on account of an alleged breach of warranty growing out of the sale of coal to him, the sale price of which…