Cossman v. Ballin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alfred Cossman, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the. clerk of the county of Kings on the 22d day of September, 1910, denying the plaintiff’s motion that' defendant be precluded from giving evidence as to certain parts of the affirmative allegations in his answer.'
1Opinion of the Court
Thomas, J.:
The Taylor Silk Manufacturing Company sold silk mufflers and handkerchiefs to the defendant, and this' action is brought by an assignee of the claim to recover the sum of $2,615.67. The defendant admits the cause of action, but sets up two counterclaims, first, that between February 4, 1908, and April 1,1908, the Taylor Company sold defendant 16,000 dozen silk mufflers and handkerchiefs of a particular' design and fabric, and in color combinations or assortments, and delivered 6,862 dozen, which were not of the " agreed color combinations and assortments, whereby the defendant was…
2Cases cited2 opinions
- Gebhard v. . ParkerNew York Court of Appeals · 1890
- Smith v. Bradstreet Co.Appellate Division of the Supreme Court of the State of New York · 1909