Seibert v. . Dunn
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme' Court in the second judicial department, entered June 20, 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to direct a verdict in favor of the plaintiff.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme' Court in the second judicial department, entered June 20, 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to direct a verdict in favor of the plaintiff. The defendant had a right, under the Code, to set off against the plaintiff’s claim the damage he suffered by reason of the brick company’s refusal to carry out its contract. (Code Civ. Pro. § 502, subd. 1; Caspary v. Hatch, 157 App.…
1Opinion of the CourtCollin, J.
The action is by an assignee of a claim for •a sum of money, which arose under a contract between the defendant and the Eastern Paving Brick Company, a corporation, to recover the sum assigned. The defendant sought by his answer and upon the trial to defeat a recovery, through proof that after the sum demanded by the plaintiff had been assigned by the corporation, the corporation violated the contract under which the sum became payable and thereby caused the defendant damages in a sum greater than the sum claimed by the plaintiff. The trial court held that the defendant could not by such…
2Cases cited17 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
- Fulton County Gas & Electric Co. v. Hudson River Telephone Co.New York Court of Appeals · 1911
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
12 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- Septembertide Publishing, B.V. v. Stein And Day, Inc.Court of Appeals for the Second Circuit · 1989
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Pennsylvania Co., for Ins. on Lives v. LynchSupreme Court of Pennsylvania · 1932
- State Bank v. Central Mercantile BankNew York Court of Appeals · 1928
50 more not listed; retrieve them via the Exa API.