Peetsch v. Quinn
New York Court of Common Pleas
Appeal from city court, general term. Action by Henry C. L. Peetsch against William H. Quinn for goods sold and delivered.
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Appeal from city court, general term. Action by Henry C. L. Peetsch against William H. Quinn for goods sold and delivered. From a judgment of the city court affirming a judgment entered on a verdict in favor of defendant, also from orders of the city court affirming order denying motion to vacate order of affirmance, (26 N. Y. Supp. 728,) and order denying motion to enter order of affirmance nunc pro tune, (Id. 729,) and order granting leave to issue execution, (Id. 731,) plaintiff appeals. Reversed.
1Opinion of the CourtPryor, J.
In an action for $52, the price of goods sold and delivered, the defendant challenged an item of $2.50, which the jury disallowed, and returned a verdict of $49.50 for the plaintiff. The recovery being for less than $50, the costs, $68.62, were credited to the defendant; and, the $49.50 being deducted from that amount, judgment was entered for the defendant in the sum of $19.12. Upon the return of the jury to render their verdict, but before it was announced, the court was requested, and declined, to instruct the jury that the plaintiff was "entitled to recover interest upon whatever amount…
2Cases cited10 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Blackley v. SheldonNew York Supreme Court · 1810
- Root v. SherwoodNew York Supreme Court · 1810
- Chester v. . JumelNew York Court of Appeals · 1891
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3Cited by8 opinions
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1941
- McAfee v. DixAppellate Division of the Supreme Court of the State of New York · 1905
- Collins v. CarterMississippi Supreme Court · 1929
- Demms v. BlanchardNew York Supreme Court · 1934
- Barber Asphalt-Paving Co. v. New York Postgraduate Medical School & HospitalNew York Supreme Court · 1897
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