Altman v. Cochrane
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Benjamin Altman and another, doing business under the firm name of B. Altman & Company, from a judgment of the County Court of Nassau county, entered in the office of the clerk of said county on the 1st day of July, 1908, upon an order of said County Court entered in said clerk’s office on the same day, affirming a judgment in favor of the plaintiffs rendered by a justice of the peace of the town of Hempstead, and also from the said order of…
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Appeal by the plaintiffs, Benjamin Altman and another, doing business under the firm name of B. Altman & Company, from a judgment of the County Court of Nassau county, entered in the office of the clerk of said county on the 1st day of July, 1908, upon an order of said County Court entered in said clerk’s office on the same day, affirming a judgment in favor of the plaintiffs rendered by a justice of the peace of the town of Hempstead, and also from the said order of affirmance.
1Opinion of the Court
Hirschberg, P. J.:
This action was commenced in Justice’s Court by the service of a summons with a verified complaint. . The complaint alleged that the plaintiffs sold and delivered to the defendant, between April 1 and. *234.Hay 8, 1907, certain goods, itemized, of the value of ninety-nine dollars and ninety-eight cents. On the return day the defendant filed a written offer to allow judgment to be taken against her by the plaintiffs for the sum of forty-eight dollars and ninety-eight cents, with interest and costs. The amount so offered was the amount sued for less fifty-one dollars, but the…
2Cases cited6 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Rodgers v. . ClementNew York Court of Appeals · 1900
- Smith v. . CoeNew York Court of Appeals · 1902
- Wood v. WhitingNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pullen v. Seaboard Trading Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Lonas v. Myers, New York County Courts1916