Fowler v. Moller
The Superior Court of New York City
Appeal by the plaintiff, from a judgment in his favor, and from an order denying a new trial. This was an action to recover the value of certain furni ture delivered by the plaintiff to the defendant, and alleged in the complaint to have been sold to the latter.
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Appeal by the plaintiff, from a judgment in his favor, and from an order denying a new trial. This was an action to recover the value of certain furni ture delivered by the plaintiff to the defendant, and alleged in the complaint to have been sold to the latter. The defendant’s original answer set up, as a counterclaim, a demand for rent against the plaintiff for about $150. On a trial of the issues the Beferee sustained the counterclaim, but the judgment entered upon his report was reversed upon appeal, upon the ground that a large part of the rent which he had allowed to the defendant was…
1Opinion of the Court
By the Court—Robertson, J.
The only question of law arising in this case is, whether the part of the charge of the presiding Judge excepted to, —viz.: that the plaintiff was “ entitled to recover the value of the arti- “ cles sold, without any deduction on account of the back “ rent, unless the agreement was fully executed by delivery “ of the articles, and receipt of the same in .performance “ thereof; but if it had been so fully executed in such “ manner, then the defendant was entitled to be allowed “ the amount of the back rent,”—was correct. He had previously charged the Jury that the…
2Cases cited5 opinions
- Mercein v. Andrus & MackNew York Supreme Court · 1833
- Slingerland v. MorseNew York Supreme Court · 1811
- Gardiner v. HopkinsNew York Supreme Court · 1830
- Doolittle v. NaylorThe Superior Court of New York City · 1857
- Mallory v. GillettNew York Supreme Court · 1857
3Cited by2 opinions
- Keator v. Colorado Coal & Iron Development Co.Colorado Court of Appeals · 1893
- Keator v. Colorado Coal & Iron Development Co.Colorado Court of Appeals · 1893