Peuser v. Marsh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elizabeth D. Marsh, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 15 th day of February, 1915, upon the decision of the court after a trial at the Broome Special Term. The answer did not deny any of the allegations of the complaint but set forth two alleged defenses and an alleged counterclaim.
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Appeal by the defendant, Elizabeth D. Marsh, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 15 th day of February, 1915, upon the decision of the court after a trial at the Broome Special Term. The answer did not deny any of the allegations of the complaint but set forth two alleged defenses and an alleged counterclaim. Plaintiff separately demurred to said defenses and to said counterclaim and the court by its decision sustained said demurrers and directed judgment for the relief demanded in the complaint.
1Opinion of the Court
Lyon, J.:
This action is in replevin to recover the possession of a piano, with stool and scarf, which in October, 1912, were sold under a conditional contract of sale by the plaintiff, through an agent, to the defendant, for the sum of $260, of which $119 was paid prior to the time of the commencement of this action.
The defendant interposed an answer setting up breach of warranty as a defense by way of recoupment, and also as a counterclaim, alleging his election, both prior and subsequent to the commencement of the action, to accept and retain the chattels, thereby claiming to affirm the…
2Cases cited33 opinions
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
- Roach v. . CurtisNew York Court of Appeals · 1908
- Crowe v. . Liquid Carbonic Co.New York Court of Appeals · 1913
- Sinnott v. . FeiockNew York Court of Appeals · 1901
- Smith v. French.Supreme Court of North Carolina · 1906
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- Harrolds Motorcar Co. v. GordonNew York Supreme Court · 1927
- Call Hardware Corp. v. DugganAppellate Division of the Supreme Court of the State of New York · 1926
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