Bliss v. Bliss
The Superior Court of New York City
Exceptions ordered at the trial to be heard, in the first instance, at general term. The action is brought to recover the price of goods alleged to have been sold, at the city of New «York, by the plaintiffs to the defendants, on the 5th day of February, 1857, on a credit of eight months, at the price and of the value of $237.11; for which sum, with interest from the 5th of October, 1858, the plaintiffs demand judgment.
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Exceptions ordered at the trial to be heard, in the first instance, at general term. The action is brought to recover the price of goods alleged to have been sold, at the city of New «York, by the plaintiffs to the defendants, on the 5th day of February, 1857, on a credit of eight months, at the price and of the value of $237.11; for which sum, with interest from the 5th of October, 1858, the plaintiffs demand judgment. The defendants, by their answer, deny.that they purchased any goods from the plaintiffs, or owe them any sum whatever; and aver, that on the 5th of February, 1857, one William…
1Opinion of the CourtBy the Court. Woodruff, J.
—It is insisted, on behalf of the plaintiffs, that the claim of the defendants to set-off the amount or value of the goods which the witness Noyes sold for them to Phelps, Vail & Co., must be disallowed upon two grounds: First, That the claim is not the subject of set-off, and therefore could not be allowed even if Noyes were now plaintiff suing for the price of goods belonging to himself, sold to the defendants; and Second, That no such set-off can be allowed against the plaintiffs, his prin*344cipals, the actual owners of the goods sold by Noyes to the defendants.
1. The first proposition…
2Cases cited3 opinions
- Butts v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1834
- Stevens v. WilsonCourt for the Trial of Impeachments and Correction of Errors · 1846
- Bonito v. Mosquera & Co.The Superior Court of New York City · 1858
3Cited by8 opinions
- Wright v. . CabotNew York Court of Appeals · 1882
- Frazier v. PoindexterSupreme Court of Arkansas · 1906
- Engs v. MatsonAppellate Court of Illinois · 1882
- Bannerman v. QuackenbushNew York Court of Common Pleas · 1885
- Bannerman v. QuackenbushNew York Court of Common Pleas · 1885
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