Brewster v. Hatch
New York Court of Common Pleas
Appeal by the plaintiffs from a judgment of the General Term of the City Court of New York, affirming a judgment for the defendant, entered upon a verdict directed at the trial. Henry Brewster and another (Brewster & Co.) sued Rufus Hatch for $445.42, alleged to be due upon “ an account for goods sold and delivered, work, labor and services rendered, and materials furnished.”
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Appeal by the plaintiffs from a judgment of the General Term of the City Court of New York, affirming a judgment for the defendant, entered upon a verdict directed at the trial. Henry Brewster and another (Brewster & Co.) sued Rufus Hatch for $445.42, alleged to be due upon “ an account for goods sold and delivered, work, labor and services rendered, and materials furnished.” There had been two prior trials of this action upon the issues raised by an answer that the charges were exorbitant, and the work negligently done, in which plaintiffs recovered a verdict; but the judgments were reversed…
1Opinion of the CourtVan Hoesen, J.
The answer is certainly obnoxious to criticism, but yet I think that the motions aimed at its paragraphs, at the opening of the trial, were properly denied.
There is only one question that it is my purpose to consider, and that question is: Did the evidence warrant the court, or would it have warranted a jury, in finding that a perfect defence had been proved?
First. I call attention to the fact that the fourth paragraph of the answer, which contains the defence that the court below thought sufficient to warrant a judgment for the defendant, though it alleges that various carriages had been…
2Cited by2 opinions
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Sirkin v. Fourteenth Street StoreAppellate Terms of the Supreme Court of New York · 1907