Martens-Turner Co. v. Mackintosh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Mackintosh, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of January, 1897, upon the verdict of a jury directed by the court upon the pleadings after a trial at the New York Trial Term.
1Opinion of the Court
Ingraham, J.:
■The action was brought to recover upon two causes of action. The first was a cause of action for goods sold and. delivered; and the second, for goods sold and delivered upon a credit, alleging that the credit was obtained by false representations.
The answer of the defendant admitted the sale and delivery of the goods set forth in the first cause of action, alleging the commencement of the action on the 24th day ■ of December, 1894, and that, at the time the said action was commenced, nothing was due from the defendant to the plaintiff, except the amount due on a note of $323.11,…
2Cases cited2 opinions
- Happy v. . MosherNew York Court of Appeals · 1872
- Graham v. NegusNew York Supreme Court · 1890
3Cited by3 opinions
- Brown v. MasonAppellate Division of the Supreme Court of the State of New York · 1900
- Sturz v. FischerAppellate Division of the Supreme Court of the State of New York · 1897
- Horowitz v. BrodowskyAppellate Terms of the Supreme Court of New York · 1898