Lessler v. Gerli
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Michael Lessler and another, individually and as copartners, trading as M. Lessler & Co., against Paul Gerli. From a judgment for defendant, after trial by the court without a jury, plaintiffs, appeal.
1DissentGiegerich, J.
This is an action to recover damages for breach of a contract to sell and deliver certain silk. Plaintiffs purchased ten bales, of which two only were delivered. The-defense was that prior to the commencement of this action the defendant had brought an action against the plaintiffs to recover damages for the plaintiffs’ breach of the same contract in refusing to accept delivery of the eight bales, and that such action had been litigated and had resulted in a judgment dismissing the complaint on the merits. It is argued that, as the plaintiffs might have set up their present claim by means of…
2Cases cited6 opinions
- Brown v. . GallaudetNew York Court of Appeals · 1880
- Honsinger v. . Union Carriage Gear Co.New York Court of Appeals · 1903
- Barber v. EllingwoodAppellate Division of the Supreme Court of the State of New York · 1910
- Meyerhoffer v. BakerAppellate Division of the Supreme Court of the State of New York · 1907
- Ogden v. Pioneer Iron WorksAppellate Division of the Supreme Court of the State of New York · 1904
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