Legal Opinion

L. Rosenfeld & Co. v. Solomon

Appellate Terms of the Supreme Court of New York

Decided December 15, 1908PublishedCited by 1 opinion

Appeal by the defendants from a judgment of the Municipal Court of the city of New York, first district, borough of Manhattan, rendered in favor of the plaintiff after a trial had before the court, without a jury.

1Opinion of the CourtGiegerich, J.

The action is to recover the sum of $173.85 for-work, labor and services performed. The pleadings were oral and the defense “ a general denial; breach of contract and a counterclaim for $-4-59.19.”

"When the case was finally reached for trial, after several adjournments had been had, the following colloquy took place:
“ Plaintiff’s counsel: We admit that the jury has granted them a verdict of two hundred and eighty-five dollars for damages to certain goods on which we have worked; that now is in judgment, and they have their remedy by'issuing an execution. Am I to undestand that they are going…

2Cases cited2 opinions

  1. Lowell v. LaneNew York Supreme Court · 1861
  2. Tyler v. Standard Wine Co.New York Supreme Court · 1907

3Cited by1 opinion

  1. Taylor v. BucknerOregon Supreme Court · 1921

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