T. Blumenthal & Co. v. Theo. Tiedemann & Sons, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from order of the City Court of the city of New York granting plaintiff’s motion to consolidate this action with an action brought by the defendant against the plaintiff herein in the Municipal Court of the city of New York.
1Opinion of the CourtGuy, J.
This action is to recover $1,702.75 damages for breach of warranty upon a sale and delivery of goods by defendant to plaintiff. Within a few days after the service of the summons herein the defendant brought an action against the plaintiff in the Municipal Court of the city of New York to recover $957.21 for the purchase price of the same goods. The defendant in the Municipal Court action (the plaintiff in this City Court action) in its answer sets up as a defense and counterclaim the breach of warranty relied upon as a cause of action herein. After the notice of trial was served by plaintiff…
2Cases cited4 opinions
- Lewkowicz v. . Queen Aeroplane Co.New York Court of Appeals · 1913
- Lewkowicz v. Queen Aeroplane Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Miller v. BaillardAppellate Division of the Supreme Court of the State of New York · 1908
- Curley v. F. & M. Schaefer Brewing Co.City of New York Municipal Court · 1901
3Cited by4 opinions
- Ferron v. Intermountain Transportation Co.Montana Supreme Court · 1943
- Sternberg v. Bergman, New York County Courts1931
- Molampy v. Valestian, New York County Courts1959
- Lloyd v. KarpAppellate Terms of the Supreme Court of New York · 1959