Coble v. Potter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, R. H. McCarter Potter, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 24th day of May, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2d day of August, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Robson, J.:
Plaintiff’s verdict was for the full amount of the unpaid balance of the purchase price of twelve cows sold and delivered by him to the defendant. The sale and delivery of these cows *717was admitted by defendant; but in his answer he alleged two counterclaims for damages for the breach of an alleged warranty of the condition of the cows, the purchase price of which plaintiff sought to recover in this action, and a like breach of warranty of the condition of another lot of cows previously sold and delivered to defendant by plaintiff, the purchase price of which had been previously paid…
2Cases cited3 opinions
- Standard Oil Co. v. . Amazon Ins. Co.New York Court of Appeals · 1880
- Lesin v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1911
- Griebel v. Rochester Printing Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Mercatante v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1955
- Pioneer Credit Corp. v. San MiguelAppellate Division of the Supreme Court of the State of New York · 1948
- Newborn v. PeartAppellate Division of the Supreme Court of the State of New York · 1927
- Fitton v. United Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1913