Lifshitz v. McConnell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alexander Lifshitz, from a judgment of the Municipal Court of the city of New York in favor of the defendants, entered on the 4th day of June, 1902, after a trial before the court without a jury.
1Opinion of the Court
Hirschberg, J.:
The appellant contends that the judgment is void for want of jurisdiction. The suit is brought to recover an alleged balance of $216.73 for goods sold and delivered, and the answer, in addition to a general denial, sets up a breach of warranty and damages resulting therefrom. The court allowed the plaintiff’s claim in full and also allowed the defendants the sum of $657.58 damages for the alleged breach of warranty, judgment being rendered in the latter’s favor for the difference, viz., $440.85, with costs. The chief contention on the appellant’s part is, that as the amount of…
2Cases cited1 opinion
- Huber v. EhlersAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Lowenberg Co. v. BlockAppellate Terms of the Supreme Court of New York · 1913