Wasserstrom v. Cohen, Frank & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis B. Wasserstrom, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 14th day of April, 1914, affirming a judgment of the Municipal Court of the City of NewYork, borough of Manhattan, first district, and also affirming the order of the Municipal Court denying the plaintiff’s motion for a new trial.
1Opinion of the Court
Scott, J.:
The plaintiff appeals from the affirmance of a judgment in his favor, his grievance being that the trial court allowed a counterclaim in behalf of defendant.
Although the action originated in the Municipal Court, the pleadings were written. The complaint was for goods sold and delivered for which there was claimed to be due $334.04. The defense consisted of a counterclaim for a breach of warranty, the allegations being such as would be applicable to a case of an express warranty. It was made quite clear from the facts developed upon the trial that there had been no express warranty…
2Cases cited1 opinion
- Hight v. BaconMassachusetts Supreme Judicial Court · 1878
3Cited by11 opinions
- Tremeroli v. Austin Trailer Equipment Co.California Court of Appeal · 1951
- Flaccomio v. EysinkCourt of Appeals of Maryland · 1916
- Kirkland v. Great Atlantic & Pacific Tea Co.Supreme Court of Alabama · 1936
- Dunbar Bros. Co. v. Consolidated Iron Steel Mfg. Co.Court of Appeals for the Second Circuit · 1928
- Santa Rosa-Vallejo Tanning Co. v. Charles Kronauer & Co.Appellate Court of Illinois · 1923
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