American Ink Co. v. Riegel Sack Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from an interlocutory judgment of the City Court of the city of Hew York overruling in part defendant’s demurrer to two separate defenses set up in plaintiff’s reply to two counterclaims pleaded in defendant’s answer.
1Opinion of the CourtGerard, J.
This action was brought to recover the sum of $1,369.26, alleged to be the agreed price and reasonable value of certain -inks sold and delivered by plaintiff to defendant.
The defendant’s answer includes two counterclaims, the first of which demands judgment against the plaintiff for $1,114.19 because of the alleged breach of warranty of some of the ink alleged to have been sold to defendant by plaintiff; the second counterclaim demands judgment against the plaintiff because of the alleged breach of warranty of certain other inks sold and delivered by plaintiff to defendant, but not included…
2Cases cited3 opinions
- Wood Selick v. . BallNew York Court of Appeals · 1907
- Cragin v. . LovellNew York Court of Appeals · 1882
- J. R. Alsing Co. v. New England Quartz & Spar Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- James Howden & Co. of America, Inc. v. American Condenser & Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1920
- Burley Newspapers, Inc. v. Mist Publishing Co.Idaho Supreme Court · 1966
- In re the Estate of ScheftelNew York Surrogate's Court · 1935
- Levitt Multihous. Corp. v. DISTRICT CT. OF EL PASO CTY.Supreme Court of Colorado · 1975
- Flakne v. Metropolitan Life InsuranceSupreme Court of Minnesota · 1936