Honsinger v. . Union Carriage Gear Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1902, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1902, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment in the former case, of the defendant against the plaintiffs, in the action for the balance of the contract price for these same carriages remaining unpaid, is a bar to this action. (Averill v. Day, 26 Hun, 319; Lorillard v. Clyde, 122 N. Y. 41; Davis v. Tallcot, 12 N. Y. 184; Dunham v.…
1DissentBartlett, J.
A brief history of this litigation will render clear the point of practice presented by this appeal.
On the tenth of January, 1895, the defendant company agreed in writing to sell to the plaintiff one hundred carriages at the aggregate price of $4,500.00, which agreement contained an express warranty as to certain details of the work.
In February, 1896, the defendant brought an action against the plaintiffs to recover a balance due of $426.80, with interest, for goods, wares and merchandise delivered, consisting principally of buggies, wagons, carriages, trimmings and fixtures.
The defendants in…
2Cases cited16 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Blair v. . BartlettNew York Court of Appeals · 1878
- Gates v. . PrestonNew York Court of Appeals · 1869
- Malloney v. . HoranNew York Court of Appeals · 1872
- Matter of Petition of ButlerNew York Court of Appeals · 1886
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