Wiley v. . Brigham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of the plaintiff, entered on the report of a referee. (Mem. of decision below, 16 Hun, 106.) The nature of the action and the facts are set forth sufficiently in the opinion.
1Opinion of the CourtEarl, J.
The plaintiff, in his complaint, seeks to recover the sum of $639.50, as the balance due him upon the various matters alleged. The defendant, in his answer, after denying many of the allegations contained in the complaint and alleging payments, expressly admits that he is indebted to the plaintiff in the sum of $230.89, “ over and above all payments, offsets and counter-claims.” The amount in controversy was, therefore, considerably less than $500, and the case was'not appealable to this court, unless made so by something now to be noticed. During the progress of the trial the defendant asked…
2Cited by1 opinion
- In re CohenNew York Court of Common Pleas · 1890