Thomas Roberts Stevenson Co. v. Fox
Appellate Terms of the Supreme Court of New York
Appeal from judgment rendered by the justice of the Second judicial District Court in favor of the defendant.
1Opinion of the CourtBisghoff, J.
This action was brought to recover the sum of $128, alleged to be the balance due the plaintiff over and above payments made by the defendant in a transaction involving the sale and delivery of twenty-four ranges at the agreed price of $22 each. The total cost, as agreed, was $528 and payments had been made, admittedly, of $400 in the aggregate.
In defense, payment was' pleaded and the justice below found such defense to have been substantiated by the proofs. Upon the facts in evidence, as detailed hereafter, we think that the conclusion reached was clearly correct.
It is conceded that but one…
2Cases cited2 opinions
- Cohen v. O'ConnorNew York Court of Common Pleas · 1873
- Briggs v. KennettNew York Court of Common Pleas · 1894
3Cited by2 opinions
- California Stearns Co. v. TreadwellCalifornia Court of Appeal · 1927
- Potter v. SagerAppellate Division of the Supreme Court of the State of New York · 1918