Frick v. . White
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of the plaintiff, entered upon an order sustaining a demurrer to the defendants’ answer.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of the plaintiff, entered upon an order sustaining a demurrer to the defendants’ answer. The complaint in this action alleged, in substance, that, in December, 1868, the firm of Davis, Fales & Co. sold and delivered a quantity of coal to the defendants, at prices agreed to be paid by them, amounting in all to $1,232, on account of which the sum of $629.59 had been paid at the time this action was commenced, leaving a balance then due of $602.41. That the said firm of Davis,…
1Opinion of the Court
Lott, Ch. C.
There is no ground for the reversal of the judgment appealed from in this case.
It appears from the facts alleged and admitted in and by the pleadings:
1st. That the plaintiff, as assignee of Davis, Pales & Company, had, on the 31st day of December, 1868, a valid liquidated claim and good cause of action against the defendants for the sum of $602.41. 2d. That the defendants before and on that day had a valid claim and good cause of action against the said Davis, Pales & Company for a- breach of contract entered into on the 28th day of October, 1868, for the sale and delivery to them…
2Cases cited1 opinion
- Vassear v. . LivingstonNew York Court of Appeals · 1855
3Cited by7 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Seibert v. . DunnNew York Court of Appeals · 1915
- Keon v. Saxton & Co.New York Court of Appeals · 1931
- Metropolitan Trust Co. v. Tonawanda Valley & Cuba RailroadNew York Supreme Court · 1887
- Scribner v. LevyNew York Supreme Court · 1889
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