Siebrecht v. Siegel-Cooper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Siegel-Cooper Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the comity of Hew York on tile 18th day of April, 1898, upon the decision of. the court, rendered after a trial at the Hew York Special Term, sustaining the plaintiffs’ demurrer to the counterclaim set forth in the defendant’s amended answer.
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Appeal by the defendant, Siegel-Cooper Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the comity of Hew York on tile 18th day of April, 1898, upon the decision of. the court, rendered after a trial at the Hew York Special Term, sustaining the plaintiffs’ demurrer to the counterclaim set forth in the defendant’s amended answer. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Woodward, J. :
The plaintiffs, as the assignees of certain claims of Siebrecht & Wadley, brought this action to recover the sum of $695.75 alleged to be due from the defendant for certain shrubs and flowers sold by the plaintiffs’ assignors to the defendant. The defendant put in a counterclaim by way of answer alleging that in August, 1896, the plaintiff Henry A. Siebrecht, Jr., was employed by the defendant in charge of its flower department; that the said Siebrecht was given full charge of the department, and that his duties included the purchase of all flowers and shrubs for the defendant’s…
2Cases cited3 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Rothschild v. . MackNew York Court of Appeals · 1889
- Starr Cash Car Co. v. ReinhardtNew York Court of Common Pleas · 1892
3Cited by3 opinions
- Borgos v. PriceNew York Supreme Court · 1931
- Gause v. Commonwealth Trust Co.New York Supreme Court · 1904
- New York Trust Co. v. American Realty Co.Appellate Division of the Supreme Court of the State of New York · 1926