Mathes v. . McCarthy
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 10, 1907, affirming a judgment in favor of plaintiffs entered upon an order granting a motion for judgment on the pleadings. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 10, 1907, affirming a judgment in favor of plaintiffs entered upon an order granting a motion for judgment on the pleadings. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in granting the motion made by plaintiffs’ attorney for a judgment upon the pleadings against the objection of defendant, and the requests of defendant to be allowed to go to the jury and offer proof on all the counts in the answer and all the…
1Opinion of the CourtEdward T. Bartlett, J.
This action was brought by the plaintiffs as copartners to recover from the defendant the sum of $220.00, with interest, as the purchase price of a piano.
The defendant in her answer admits the purchase and. delivery of the piano and interposes two separate defenses. In subdivision “ Fourth ” of the answer she avers that at the time of the purchase of the property in question, the plaintiffs represented, guaranteed and warranted that the wires, strings and felts composing the piano were imported and the very best possible material used in manufacturing a piano, and that the flanges were of…
2Cases cited3 opinions
- Muller v. . EnoNew York Court of Appeals · 1856
- Rust v. . EcklerNew York Court of Appeals · 1869
- Isaacs v. . WanamakerNew York Court of Appeals · 1907
3Cited by1 opinion
- Stratton v. SpaethAppellate Division of the Supreme Court of the State of New York · 1911