Underwood v. New Netherland Bank
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by John T. Underwood against the New Nether land Bank of New York. From a judgment for plaintiff, entered on a verdict directed by the court, and from an order denying a motion for a new trial, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtLehman, J.
The plaintiff sues for the price of certain machines, sold under an agreement that the machines were “returnable at the end of 30 days from delivery, if not found suitable.” The answer alleges as an affirmative defense, in substance, that the defendant informed the plaintiff before the expiration of the 30 days that the said machines were not satisfactory, and that the parties entered into a further agreement whereby the defendant agreed to give the machines a longer trial, and the plaintiff agreed that the defendant might make such further test of the machines after the expiration of such…
2Cited by1 opinion
- Sanders v. Wonderland Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1916