Legal Opinion

Ludwig v. Walker

Appellate Division of the Supreme Court of the State of New York

Decided June 3, 1910Published

Appeal-, by the defendant, W. Arthur Gr. Walker, from a judgment of the Supreme Court iñ favor of the plaintiff, entered in the office of the clerk of the dounty of New York on the 7th day of January, 1910, upon the decision of the court rendered, after a trial-at the New York Special Term; . •* -.

1Opinion of the Court

Miller, J.:

The defendant brought an action in the Municipal Court of the city ■ of New York against the plaintiff to recover the sum of $469.62 for goods sold and delivered. The answer interposed four counterclaims, aggregating $2,255.67. After a trial, the Municipal Court justice rendered judgment in favor of the defendant on his counterclaims for the sum of $500, interest and costs, aggregating $547, adding thereto the words “ whole amount due deft, on counterclaim.” The plaintiff in that action appealed to the Appellate Term, the appeal was resisted by the defendant, and the judgment, was…

2Cases cited3 opinions

  1. Thomas v. Board of Trustees of the Ohio State UniversitySupreme Court of the United States · 1904
  2. Metcalf v. WilliamsSupreme Court of the United States · 1881
  3. Weed v. HuntSupreme Court of Vermont · 1904

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