Kuhn v. American Automatic Knife & Novelty Co.
New York Court of Common Pleas
Appeal from second district court. Action by Michael G-. Kuhn against the American Automatic Knife & Novelty Company for money due on a contract for work and materials. From a judgment rendered by a justice, without a jury, for plaintiff, defendant appeals.
1Opinion of the CourtBischoff, J.
The action was brought to recover a balance due upon a contract, by the terms of which plaintiff was to manufacture and supply a certain quantity of dies, cutting apparatus, and .steel tools to the defendant, for use in its business. Defendant set up a breach of the contract, in that the goods furnished were not cut and fitted to an exactitude required by the agreement of the parties, and further made certain allegations in its answer, which were characterized as “counterclaims,” whereby it was set forth that certain expense had been incurred by defendant by reason of this alleged ■failure of…
2Cases cited5 opinions
- Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888
- Myers v. CohnNew York Court of Common Pleas · 1893
- Malcolm v. LyonNew York Court of Common Pleas · 1892
- Hodges v. HuntNew York Supreme Court · 1856
- Conklin v. FieldNew York County Court, Suffolk County · 1869
3Cited by3 opinions
- Clinchy v. ApgarAppellate Terms of the Supreme Court of New York · 1896
- Rothfeld v. LintzAppellate Terms of the Supreme Court of New York · 1901
- Marston v. BaerenklanCity of New York Municipal Court · 1895