American Woolen Co. v. Altkrug
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Aiherican Woolen Company of New York, from an- order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of November," 1909, denying the plaintiff’s motion for a bill of particulars.
1Opinion of the Court
Miller, J.:
This action is brought to recover a balance of $40,441.29, claimed to be due on sales of merchandise between December 19, 1906, and December 1, 1907, of the aggregate value of' $158,259.14. The answer contains sixty-six affirmative defenses and counterclaims, involving a large number of separate transactions. They may be grouped" into four classes: (1) A counterclaim or setoff for discounts pursuant to special contracts; (2) counterclaims for breach of warranty ; (3) counterclaims for breach of contract in refusing to deliver on demand ; (4) counterclaims or setoffs for overcharges…
2Cases cited1 opinion
- Dwyer v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Stern v. Bellas, Hess & Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Jackson v. Redfern Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Jackson v. Redfern Co.Appellate Division of the Supreme Court of the State of New York · 1915