Savage v. Cock
New York Supreme Court
Appeal from a judgment of the County Court reversing the judgment of a justice’s court. This action, brought by James Savage and another, against Edward Cock, was commenced in a-justice’s court in Queens county. The complaint was for manure sold and delivered to the defendant. The defendant’s answer consisted of a general denial of the allegations of the complaint. The plaintiff obtained judgment against the defendant for $121.70, damages and costs.
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Appeal from a judgment of the County Court reversing the judgment of a justice’s court. This action, brought by James Savage and another, against Edward Cock, was commenced in a-justice’s court in Queens county. The complaint was for manure sold and delivered to the defendant. The defendant’s answer consisted of a general denial of the allegations of the complaint. The plaintiff obtained judgment against the defendant for $121.70, damages and costs. From this judgment the defendant appealed to the County Court of Queens county. Upon the trial in the County Court, the defendant was allowed to…
1Opinion of the CourtScrugham, J.
This action originated in the justice’s court, where the plaintiffs complained that the defendant was indebted to them in the sum of two hundred and sixteen dollars for manure sold to him by their assignors. The answer was a general denial, and judgment was rendered for the plaintiffs for $127.70, damages and costs. An appeal was taken to the County Court, and, on the trial there, the defendant was allowed to amend his answer so as to set up payment. This, we think, was error. The case'was in the County Court on appeal, and the new trial, which the statute requires, is of the issues of fact…
2Cited by1 opinion
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