Langfelder v. Renouf
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by M. Langfelder and others against John J. Renouf. From a judgment for plaintiffs, defendant appeals. Reversed.
1Opinion of the CourtMacLEAN, J.
To a complaint of work, labor, and services of the value of $25.62 the defendant answered with a general denial, counterclaim of $30.76, and payment. The pleadings were oral. The plaintiffs proved their claim without objection. The nature of the counterclaim was not disclosed until, in the course of his direct examination, the defendant testified to shortages of goods sent by him to the plaintiffs to be laundered and returned, when the trial judge remarked: “I hold .that the defendant cannot recover for these articles unless they are his own; that no articles can be made the subject of a…
2Cases cited1 opinion
- Katz v. DiamondAppellate Terms of the Supreme Court of New York · 1896