Lifshitz v. McConnell
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court of New York. •Action by Alexander Lifshitz against Lewis E. McConnell and another. From a judgment for defendants on their counterclaim, plaintiff appeals. Reversed.
1Opinion of the CourtHirschberg, J.
The appellant contends that the judgment is void for want of jurisdiction. The suit is brought to recover an alleged balance of $216.73 for goods sold and delivered, and the answer, in addition to a general denial, sets up a breach of warranty, and damages resulting therefrom. The court allowed the plaintiff’s claim in full, and also allowed the defendants the sum of $657.58 damages for the alleged breach of warranty, judgment being rendered in the latter’s favor for the difference, viz., $440:85, with costs. The chief contention on the appellant’s part is that, as the amount of the…
2Cases cited1 opinion
- Huber v. EhlersAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Lowenberg Co. v. BlockAppellate Terms of the Supreme Court of New York · 1913