Pratt & Whitney Co. v. American Pneumatic Tool Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The American Pneumatic Tool Company, from a judgment 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 October, 1899, upon the verdict of a jury rendered by direction of the court, and also from an order bearing date the 11th day of October, 1899, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover the amount of a promissory note, a copy of which was set out in the complaint. The answer admitted the execution and delivery of the note and its non-payment, and* alleged as a defense that it was given for work done and materials furnished; that the plaintiff had agreed when the note was delivered that the giving of it should be without prejudice to the right of the defendant to have the proper deductions made in the amount of certain bills theretofore rendered for such work and materials, and that the defendant should not be required to pay…
2Cases cited5 opinions
- Higgins v. . RidgwayNew York Court of Appeals · 1897
- Bates v. . RosekransNew York Court of Appeals · 1867
- Springer v. . DwyerNew York Court of Appeals · 1872
- Burke v. ThorneNew York Supreme Court · 1864
- Washington Savings Bank v. FergusonAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by5 opinions
- New York Trust Co. v. American Realty Co.Appellate Division of the Supreme Court of the State of New York · 1925
- First National Bank v. JohnsonSouth Dakota Supreme Court · 1928
- Katz Underwear Co. v. BurnsAppellate Division of the Supreme Court of the State of New York · 1917
- Title Guarantee & Trust Co. v. PamAppellate Division of the Supreme Court of the State of New York · 1920
- Wilmerding v. StrouseAppellate Terms of the Supreme Court of New York · 1908