Hopkins v. . Lane
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, entered upon an order made September 8, 1874, which denied a motion for a new trial, and directed judgment in favor of plaintiffs on a verdict.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, entered upon an order made September 8, 1874, which denied a motion for a new trial, and directed judgment in favor of plaintiffs on a verdict. The defendant’s answer contains all the facts necessary to constitute a defense for want of consideration, or for a recoupment of damages, and it was not necessary to state which he would insist upon, or, if he did so state, he would not he precluded from insisting upon any defense which the facts alleged would justify. (Springer v. Dwyer, 50 N. Y. 19,…
1Opinion of the CourtEarl, J.
This action was brought to recover on a promissory note given in part payment of cheese sold by the plaintiffs to the defendant Daniel W. Lane and to Darius W. Benjamin and Quincy Matthewson. The cheese was delivered and each of the purchasers gave a note for his share of the purchase-money. This note was given by Daniel W. for his share, and was signed by Victory L. Lane as surety for him. The defendants in their answer set up a counter-claim for breach of warranty and fraud in the sale of the cheese. One of the grounds upon which the defendants were defeated as to the alleged counter-claim…
2Cited by14 opinions
- Blake v. WeidenNew York Court of Appeals · 1943
- Maders v. LawrenceNew York Supreme Court · 1888
- Johnson v. CullinanSupreme Court of Oklahoma · 1923
- Miller v. CriglerMissouri Court of Appeals · 1900
- Seaman v. SlaterU.S. Circuit Court for the District of Southern New York · 1892
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