Barber v. Rutherford
New York Court of Common Pleas
Appeal from city court, general term. Action by Marshall Barber and another against Charles H. Rutherford and another. From a judgment of the city court (30 N. Y. Supp. 1129) affirming a judgment entered on a verdict directed in favor of plaintiffs, defendants appeal.
1Opinion of the CourtGiegerich, J.
This action was brought against the defendants, as sureties on an undertaking on an appeal from a judgment of the general term of the city court of Hew York to this court, which has been affirmed. The plaintiffs heretofore brought an action in the city court of Hew York against one Albert Gray to recover the purchase price of certain coal sold and delivered. In that action counterclaims were interposed by the defendant for damages claimed to have been suffered by him because the coal did not conform to the character and quality agreed to be furnished, and because the coal was of inferior…
2Cases cited4 opinions
- Johnson Co. v. WhartonSupreme Court of the United States · 1894
- Griffin v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Barber v. GrayNew York Court of Common Pleas · 1893
- Barber v. GrayCity of New York Municipal Court · 1893