Legal Opinion

Kugelman v. Ritter

Appellate Terms of the Supreme Court of New York

Decided May 15, 1915Published

Appeal by the defendants from a judgment of the City Court .of the city of New York, entered in favor of the plaintiffs upon a verdict directed by the court and from an order denying a motion for a new trial.

1Opinion of the CourtHendrick, J.

According to the allegation of the complaint in this action the plaintiffs’ assignors sold and delivered merchandise to the defendants of the value of $1,117.50 upon which defendants were entitled to a credit of $500.72, leaving a balance alleged to be due plaintiffs of $616.78. After putting in issue that part of the complaint which averred that plaintiffs were copartners, the defendants set up as a separate defense and counterclaim, in substance, as follows: That they purchased of plaintiffs’ assignors certain merchandise which, the said plaintiffs’ assignors stated, represented and…

2Cases cited2 opinions

  1. Rothenberg v. ShapiroNew York Supreme Court · 1913
  2. Marx v. Locomobile Co. of AmericaCity of New York Municipal Court · 1913

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