Columbia Metal Box Co. v. Cohn
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by the Columbia Metal Box Company against Frederick W. Cohn. From a judgment in favor of defendant, and from an order denying a motion for a new trial and to correct the judgment as entered, plaintiff appeals.
1Opinion of the CourtLehman, J.
The plaintiff sues for goods sold and delivered, of the reasonable value and agreed price of $180. The answer admits the delivery of the goods, but sets up that the goods so delivered were in part fulfillment of two written contracts, and that the plaintiff has refused and failed to complete these contracts.
At the trial the plaintiff showed that he had furnished these goods and demanded payment of an account which he rendered to the defendant, and that the defendant had not disputed the account, but had said that he would pay it when he got ready. On plaintiff’s cross-examination the…
2Cases cited2 opinions
- Farrington v. BradyAppellate Division of the Supreme Court of the State of New York · 1896
- Smith v. RussellAppellate Division of the Supreme Court of the State of New York · 1910