St. Regis Paper Co. v. Hubbs & Hastings Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hubbs & Hastings Paper Company, from an order of the Supreme Court, made at the Jefferson Trial Term and entered in the office of the clerk of the county of Jefferson on the 11th day of December, 1920, granting plaintiff’s motion to set aside the verdict of the jury in favor of the plaintiff, upon the ground that the verdict was for insufficient damages, and upon exceptions taken by the plaintiff.
1Opinion of the Court
Sears, J.:
In an action to recover for goods sold and delivered, to which cause of action no defense was offered, the defendant has interposed a counterclaim out of which grows the controversy now before the court. The jury by its verdict allowed the defendant’s counterclaim in the sum of $22,050, deducted it from the amount concededly owing from the defendant to the plaintiff, viz., $46,425.20, and found a verdict for the plaintiff for $24,375.20. The trial justice thereafter granted a motion for a new trial on the ground that the defendant had failed to establish the cause of action set…
2Cases cited14 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Brassil v. . Maryland Casualty Co.New York Court of Appeals · 1914
- United Press v. . New York Press Co.New York Court of Appeals · 1900
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3Cited by1 opinion
- Estey v. ColemanNew York Supreme Court · 1940