Simon v. Wood
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in his favor, rendered by the District Court in the city of New York for the Fifth Judicial District. Action to recover the agreed price of merchandise sold and delivered by the plaintiff’s assignor to the defendant.
1Opinion of the CourtBischoff, J.
The plaintiff sued, as the assignee of one T. Simon, to recover the agreed and aggregate price of a certain num*608her of caps manufactured and delivered by the. latter at the • defendant’s instance, and request. The defenses to the action, as ■originally interposed, were a general denial and a counterclaim for damages for the breach of an alleged warranty. The amount sued for was $73.93. The justice below awarded the plaintiff but $30.30. Hence, the latter’s appeal from the judgment.
The defendant’s claim of a warranty appears to have, been predicated exclusively of an alleged “ sale by sample,”…
2Cases cited1 opinion
- Shields v. PetteeThe Superior Court of New York City · 1848
3Cited by4 opinions
- Portfolio v. RubinAppellate Division of the Supreme Court of the State of New York · 1921
- Shohfi v. RiceMassachusetts Supreme Judicial Court · 1922
- Portfolio v. RubinAppellate Terms of the Supreme Court of New York · 1920
- Empire State Bag Co. v. McDermottAppellate Division of the Supreme Court of the State of New York · 1903