Sparks v. Fogarty
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas L. Fogarty, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiff, entered on the 3d day of December, 1903.
1Opinion of the Court
Hooker, J.:
This is an appeal by the defendant from a judgment of the Municipal Court, awarding to the plaintiff the full amount of the plaintiff’s claim. The pleadings were oral, and the plaintiff “ complained of defendant for goods sold and delivered in the sum of $163.50.” The answer is a general' denial. Upon' the trial the plaintiff’s evidence tended to show that the goods mentioned in the complaint were sold to a partnership, of which the defendant was a member, and not to the defendant individually. While the claim is made by the plaintiff that there is evidence from which the justice…
2Cases cited2 opinions
- Amsterdam Electric Light, Heat & Power Co. v. RayherAppellate Division of the Supreme Court of the State of New York · 1899
- New York Fastener Co. v. WilatusAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Wildrick v. HeyshemAppellate Division of the Supreme Court of the State of New York · 1904