People v. Corner
New York Supreme Court
Appeal from judgment on report of referee. The referee found, viz.: “That the plaintiffs,- between July 9, 1888, and January 21, 1889, inclusive, sold and delivered to the defendants at the Hew York State Reformatory at Elmira, brushes and brush materials at and for the price, and for the value, of $11,627.97. All of said materials were so sold and delivered after August 2, 1888, and all of said brushes after that date, except $1,263.39, in value of the same.”
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Appeal from judgment on report of referee. The referee found, viz.: “That the plaintiffs,- between July 9, 1888, and January 21, 1889, inclusive, sold and delivered to the defendants at the Hew York State Reformatory at Elmira, brushes and brush materials at and for the price, and for the value, of $11,627.97. All of said materials were so sold and delivered after August 2, 1888, and all of said brushes after that date, except $1,263.39, in value of the same.” He also found a payment had been made of $2,085.13. He also found the defendant indebted in $7.88, for moneys expended to the use of…
1Opinion of the CourtHardin, P. J.
Appellant’s answer set up new matter, and, under the answer, he sought to establish new and' independent orders given to the plaintiff, accepted by the plaintiff; a failure to perform in accordance-with the orders and acceptances, and, by reason of the breach, to be allowed such prospective profits as would have come to him in the event of a fulfillment of the orders. Such new matter constituted a counter-claim. Wilder v. Boynton, 63 Barb. 547. Assuming that such new matter constitutes a cause of action in favor of the defendant, and that equitably and justly he was entitled to recover, by…
2Cases cited7 opinions
- Reeside v. WalkerSupreme Court of the United States · 1851
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882
- Wood v. . AmoryNew York Court of Appeals · 1887
- O'Hara v. . State of New YorkNew York Court of Appeals · 1889
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3Cited by5 opinions
- State ex rel. Young v. HolgateSupreme Court of Minnesota · 1909
- State v. BucholzSupreme Court of Minnesota · 1926
- Nern v. Employes' Liability Assurance Corp., Pennsylvania Court of Common Pleas, Dauphin County1946
- People ex rel. Western Union Tel. Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1898
- State v. Pacific Live Stock Co.Oregon Supreme Court · 1919