Cantasano v. Courtney
Appellate Terms of the Supreme Court of New York
Appeal by plaintiffs from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, in favor of defendant.
1Opinion of the CourtGuy, J.
Plaintiffs sue to recover an alleged balance due for goods sold and delivered at an agreed price.
The answer is a denial of sale and delivery at an agreed price, and separate defenses of payment and accord and satisfaction, and a counterclaim for damages for breach of warranty. The counterclaim was dismissed on motion of plaintiffs’ attorney, and no appeal is taken from such dismissal.
The defendant testified that he mailed a check to plaintiffs for an amount which he claimed to be all that was due from him to plaintiffs; but there is an entire absence of competent proof of delivery of the…
2Cases cited6 opinions
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
- Morrison v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1913
- Windmuller v. Goodyear Tire & Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Siegel v. KovinskyAppellate Terms of the Supreme Court of New York · 1916
- Schultze v. CohenAppellate Terms of the Supreme Court of New York · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Key Bank of Southeastern v. PalAppellate Division of the Supreme Court of the State of New York · 1985