Legal Opinion

Peuser v. . Marsh

New York Court of Appeals

Decided July 11, 1916PublishedCited by 23 opinions

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 20, 1915, in so far as it reverses a judgment of Special Term sustaining a demurrer to affirmative defenses set up in the answer and overrules said demurrer. The- following questions were certified: “First.

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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 20, 1915, in so far as it reverses a judgment of Special Term sustaining a demurrer to affirmative defenses set up in the answer and overrules said demurrer. The- following questions were certified: “First. Is the defense, consisting of new matter, pleaded as a first and separate defense and set forth in the first subdivision of the amended answer, insufficient in law upon the face thereof ? Second. Is the defense, consisting of new matter, pleaded as a second…

1Opinion of the Court

Willard Bartlett, Ch. J.

This appeal presents the question whether in the case of a conditional sale, where the seller seeks to reclaim the goods by means of an action of replevin, the buyer may defend by pleading a breach of warranty by way of recoupment in diminution or extinction of the price. By the Uniform Sales Act, adopted in this state in 1911 and made article V of the Personal Property Law (Laws of 1911, ch. 571), it is expressly provided that where there is a breach of warranty by the seller the buyer may at his election “ accept or keep the goods and set up against the seller the…

2Cases cited2 opinions

  1. Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
  2. Roach v. . CurtisNew York Court of Appeals · 1908

3Cited by23 opinions

  1. Created Gemstones, Inc. v. Union Carbide Corp.New York Court of Appeals · 1979
  2. Matter of National Cash Register Co. v. JosephNew York Court of Appeals · 1949
  3. Gottman v. Jeffrey-Nichols Co.Massachusetts Supreme Judicial Court · 1929
  4. George A. Ohl & Co. v. Standard Steel Sections, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
  5. Mercantile Trust Co. v. RolandSupreme Court of Oklahoma · 1930

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