Penhryn Slate Co. v. Meyer
New York Court of Common Pleas
Appeal from a judgment of the Marine Court of the city of New York entered upon a decision of the general term of that court affirming a judgment for the defendant for his costs, entered upon a verdict for the plaintiff rendered at a trial term of that court, and affirming an order made at the trial denying a motion made upon the minutes for a new trial.
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Appeal from a judgment of the Marine Court of the city of New York entered upon a decision of the general term of that court affirming a judgment for the defendant for his costs, entered upon a verdict for the plaintiff rendered at a trial term of that court, and affirming an order made at the trial denying a motion made upon the minutes for a new trial. The complaint alleged that plaintiff “ sold and delivered to the defendant certain goods, to wit: mantels, hearths and frames, &c., of the amount and value, when delivered and set up, of $390, and that the same were delivered and set up; that…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The plaintiff was not entitled to judgment upon the pleadings. The cause of action as averred—the plaintiff’s right to recover $219, the balance due upon certain mantels, hearths and frames, of the value, when set up, of $390, upon which $171 had been paid— was not admitted by the answer. The answer admits that the plaintiff sold to the defendant mantels, hearths and frames of the amount and value as stated when delivered. That the said goods were delivered and set up, but that a part thereof was not perfect and according to agreement. There was a distinct…
2Cases cited2 opinions
- Millerd v. . ThornNew York Court of Appeals · 1874
- Huntington v. ConkeyNew York Supreme Court · 1860
3Cited by3 opinions
- Douglass v. HillSupreme Court of Kansas · 1883
- In re Stewart ChurchNew York County Court, Rensselaer County · 1883
- People v. RaentschCalifornia Superior Court · 1926