McDowell v. Starobin Electrical Supply Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Starobin Electrical Supply Company, Inc., from a judgment of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of May, 1919, reversing a judgment of the Municipal Court, Borough of Manhattan, First District.
1Opinion of the Court
Laughlin, J.:
This action was brought on an assigned claim of the American Metal Moulding Company, a New Jersey corporation, for the sum of $275.50, being the balance of an account for goods, wares and merchandise sold by it to the defendant. The defendant pleaded as an offset a counterclaim for $277.50 against plaintiff’s assignor for a breach of the contract arising out of the failure of the assignor to deliver all of the goods, which by the same contract on which plaintiff claims a balance to be due and owing, it agreed to sell and deliver to the defendant.
The contract on which the…
2Cases cited2 opinions
- Kokomo Strawboard Co. v. InmanNew York Court of Appeals · 1892
- Hadfield v. ColterAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- Goodyear Tire & Rubber Co. v. HershensteinAppellate Division of the Supreme Court of the State of New York · 1927
- Harris v. EinhornAppellate Terms of the Supreme Court of New York · 1921