Baker v. Nussbaum
New York Court of Common Pleas
Appeal from an order at special term, directing the satisfaction of part of plaintiff’s claim. The action was upon a draft or check for $3,768. Tlio answer avérred that the check was given in payment for certain hogs, which were warranted to be of good quality; that they were in reality of less value than represented, and claimed to recoup as set-off $500 damages for'the breach of warranty.
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Appeal from an order at special term, directing the satisfaction of part of plaintiff’s claim. The action was upon a draft or check for $3,768. Tlio answer avérred that the check was given in payment for certain hogs, which were warranted to be of good quality; that they were in reality of less value than represented, and claimed to recoup as set-off $500 damages for'the breach of warranty. The plaintiff moved, at special term, under’ § 244 of the Oode, for' an order requiring the defendant to satisfy the elaim of the plaintiff to the extent of $3,268.75, arid interest. The motion was…
1Opinion of the CourtBeady, J.
— The order appealed from was properly made. The.defendant admitted, by his answer, that the sum directed to be paid by the order was due to the plaintiff. No other construction can properly be given to the answer. The 35th rule of the court, relied on by the defendant, has no application to such orders. They may be enforced as a judgment or provisional remedy. § 244.
Order appealed from affirmed, with costs.
2Cited by1 opinion
- Thompson v. SeimerNew York Court of Common Pleas · 1870