Rice, Barton & Fales Machine & Iron Co. v. Hoffman-Youmans Paper Mills
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hoffman-Youmans Paper Mills, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 11th day of December, 1912, upon the report of a referee appointed to hear and determine the issues.
1Opinion of the Court
Lambert, J.:
The action is upon a promissory note, as to the inception of which there is no dispute; nor is it disputed but that the same has not been paid. The controversy arises with reference to a *310counterclaim sought to be interposed and maintained by the defendant.
February 16, 1910, plaintiff and defendant entered into a contract whereby plaintiff agreed to sell to defendant a paper machine at the. stipulated price of $12,750 and to have same ready for shipment within eight weeks. This contract provided for payment as follows: $1,000 upon the signing of the contract and the balance by way…
2Cases cited1 opinion
- McCreery v. . DayNew York Court of Appeals · 1890
3Cited by2 opinions
- American Metal Co. v. NeumannAppellate Division of the Supreme Court of the State of New York · 1918
- Bailey v. Elm City Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1915