Strock v. Brigantine Transportation Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the District Court in the "Gity of New York, for the second judicial district;.rendered in favor of the plaintiff, by the acting justice, thereof, without a _ , The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtGiegerich, J.
This action was brought to recover a balance claimed by the plaintiff to be due for goods, wares and merchandise, consisting of wooden poles, ties and lumber. The answer denies any indebtedness, alleges payment, and sets up an accord and satisfaction, together with an agreement between the parties whereby the goods were to be delivered at the Belmont Station in the City of Philadelphia, State of Pennsylvania, and that the defendant was to be allowed on account of the purchase price all moneys paid for freight and charges thereto, and claiming that after such deduction nothing remains due to…
2Cases cited4 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Preston v. GrantSupreme Court of Vermont · 1861
- Lynes v. HickeyNew York Court of Common Pleas · 1893
- Rothschild v. MosbacherAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Schuller v. RobisonAppellate Division of the Supreme Court of the State of New York · 1910
- Jacoby v. BlackAppellate Terms of the Supreme Court of New York · 1909