Baker v. Loring
New York Supreme Court
Appeal from judgment on report of referee. Action by Charles H. Baker and another against Sanford E. Loring for goods sold. Judgment was rendered for plaintiffs, and defendant appeals. It is admitted in the answer that the plaintiffs are copartners doing business at Syracuse under the firm name and style of G. H. Baker & Go.
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Appeal from judgment on report of referee. Action by Charles H. Baker and another against Sanford E. Loring for goods sold. Judgment was rendered for plaintiffs, and defendant appeals. It is admitted in the answer that the plaintiffs are copartners doing business at Syracuse under the firm name and style of G. H. Baker & Go. It is alleged in the plaintiffs’ complaint that the plaintiffs, at the request of the defendant, sold and delivered to the defendant goods, wares, and merchandise, •consisting of lumber and building materials, and the cartage of the same, •of the value and agreed price of…
1Opinion of the CourtHardin, P. J.
Under the pleadings as they were framed, we think the defendant, in order to give proof of payment of the indebtedness stated in the complaint, was called upon to aver in his answer a defense of payment. McKyring v. Bull, 16 N. Y. 297; Lent v. Railroad Co., 130 N. Y. 504, 29 N. E. 988. Plaintiffs withdrew the objection, however, to defendant’s claim to prove that Baldwin had paid the sum of $900 and $1,000, other than the $1,550. Notwithstanding that withdrawal, no proof was given in support of the offer made. The witness Miller testified: That he remembered putting up lumber for the…
2Cases cited2 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
3Cited by2 opinions
- Harder v. Continental Printing & Playing Card Co.Appellate Terms of the Supreme Court of New York · 1909
- Ariston Realty Co. v. BernsteinAppellate Terms of the Supreme Court of New York · 1908