Block v. Dundon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Simon Block, from a judgment of the County Court of Jefferson county, entered in the office of the clerk of the county of Jefferson on the 3d day of July, 1902, upon the verdict of a jury in favor of the plaintiff, and also from an order entered in said clerk’s office on the 25th day of June, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be reversed and a new trial granted, with costs to the appellant to abide event.
*540The action is to recover the purchase price of a barrel of whisky, one hundred and seventeen dollars. The defense is that eighty-eight dollars of the purchase price was to be paid in cigars, which were offered to the plaintiff with a check for the balance of twenty-nine dollars, and were refused. The trial was before the court and a jury, and resulted in a verdict for the plaintiff for the twenty-nine dollars. The plaintiff appeals. The sale of the whisky was made by the…
2Cases cited1 opinion
- Bickford v. . MenierNew York Court of Appeals · 1887
3Cited by2 opinions
- Forman v. BerryAppellate Division of the Supreme Court of the State of New York · 1914
- Jones v. RichardsAppellate Terms of the Supreme Court of New York · 1906