Brinn v. Harry Hindlemann, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Simon Brinn and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Bronx on the 17th day of May, 1920, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of May, 1920, denying plaintiffs’ motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is an action to recover $3,595.21, the balance owing on the purchase" price of twenty-six pieces of green flannel woolen goods for men’s suits, which the plaintiffs sold and delivered to the defendant on August 1, 1919. There is no controversy with respect to the salé and delivery .of the goods or the agreed purchase price or the balance unpaid thereon. The principal point presented for decision is with respect to whether the interposition by the defendant of a counterclaim and a recovery thereon in an action brought against it by the plaintiffs in the Municipal Court in the…
2Cases cited8 opinions
- Farrington v. PayneNew York Supreme Court · 1818
- Dickinson v. TysenAppellate Division of the Supreme Court of the State of New York · 1908
- Wilder v. CaseNew York Supreme Court · 1837
- Carvill v. Mirror Films, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- Carvill v. . Mirror Films, IncorporatedNew York Court of Appeals · 1919
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3Cited by1 opinion
- A. A. Levy Co. v. Columbia Overseas Corp.Appellate Division of the Supreme Court of the State of New York · 1922