Frank v. Vogt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Morris J. Frank and another, from a determination and order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 29th day of December, 1916, as amended by an order entered in said clerk’s office on the 19th day of February, 1917, in so far as said determination and order reverses a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Seventh District, in plaintiffs’…
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Appeal by the plaintiffs, Morris J. Frank and another, from a determination and order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 29th day of December, 1916, as amended by an order entered in said clerk’s office on the 19th day of February, 1917, in so far as said determination and order reverses a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Seventh District, in plaintiffs’ favor and dismisses the complaint upon the merits. Appeal by the defendant, Walter J. Vogt, from so much of said…
1DissentLattghlin, J.
I am of opinion that there was an accord and satisfaction. The plaintiffs had a claim against the defendant on an express contract for the sale and delivery of merchandise at a fixed price, but the defendant, evidently in good faith, claimed an offset on the ground that the goods delivered and received and retained by him were not of the agreed quality. The amount of the defendant’s offset was clearly unliquidated for the plaintiffs did not concede that the defendant was entitled to any offset or deduction on account of the quality of the goods. In these circumstances the defendant sent the…
2Cases cited6 opinions
- Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
- Jackson v. . VolkeningNew York Court of Appeals · 1904
- Windmuller v. Goodyear Tire & Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1908
- St. Regis Paper Co. v. Tonawanda Board & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1905
- St. Regis Paper Company v. . Tonawanda Board Paper Co.New York Court of Appeals · 1906
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