Regina Co. v. Gately Furniture Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gately Furniture Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 16th day of August, 1915, upon the decision of the court rendered after a trial at the Broome Special. Term sustaining a demurrer to an alleged defense and counterclaim set up in the amended answer.
1Opinion of the Court
Woodward, J.:
The complaint alleges the incorporation of the plaintiff and defendant, and then sets forth that the defendant ordered from the plaintiff, on several dates, vacuum cleaners of different types, and that the said cleaners were shipped to the defendant, and were of certain agreed values; that these cleaners were received by the defendant, and that the latter agreed to pay for the same, but that no such payments had been made, and that the defendant was indebted for the aggregate of these shipments, amounting to $162.75. The answer admits the formal averments and then, “further…
2Cases cited1 opinion
- Buffalo Wholesale Hardware Co. v. HodgeboomNew York Supreme Court · 1915
3Cited by12 opinions
- Wildman Mfg. Co. v. Davenport Hosiery MillsTennessee Supreme Court · 1922
- W. S. Maxwell Co. v. Southern Oregon Gas Corp.Oregon Supreme Court · 1937
- McMurray v. Vaughn's Seed StoreOhio Supreme Court · 1927
- United States v. American Radiator & Standard Sanitary Corp.District Court, D. Minnesota · 1953
- Howard-Cooper Corp. v. Umpqua Dredging & Construction Co.Oregon Supreme Court · 1934
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