Boston Mills v. Eull
The Superior Court of New York City
Appeal from an order. This action was brought by the Boston Silk & Woolen Mills, plaintiffs and appellants, against Gfeorge Eull, survivor, &c., defendant and respondent.
1Opinion of the CourtBy the Court. Freedman, J.
This is an appeal from an order made at special term reversing the decision of the clerk of this court to the effect that the defendant is not entitled to the costs of this action, declaring the defendant entitled to such costs, and directing the clerk to adjust them'.
The appeal involves the question which party is entitled to the costs of the action. The complaint is for goods sold and delivered between November -4 and December 30, 1867. The answer “by way of set-off or counter-claim” sets up an agreement as to quality, and to the further effect that all goods thereafter delivered but not…
2Cases cited16 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Sickels v. PattisonNew York Supreme Court · 1835
- Pattison v. RichardsNew York Supreme Court · 1856
- Glackin v. ZellerNew York Supreme Court · 1868
- Halsey v. CarterThe Superior Court of New York City · 1853
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3Cited by5 opinions
- Colton Land & Water Co. v. RaynorCalifornia Supreme Court · 1881
- Deford v. HutchisonSupreme Court of Kansas · 1891
- Sullivan v. California Realty Co.California Supreme Court · 1904
- Chamboret v. CagneyThe Superior Court of New York City · 1870
- Chamboret v. CagneyThe Superior Court of New York City · 1871