Hardt v. Western Electric Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Western Electric Company, from ■a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 4th day of February, 1902, upon the verdict of a jury rendered by direction of the court, and also from an. order entered in said clerk’s office on the 20th day of February, 1902, denying the defendant’s motion for a new. trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The complaint alleges a sale and delivery of goods by the plaintiffs to the defendant, the agreed price being $5,444.90^ upon which the defendant was entitled to a credit of $4,272.85, leaving- a balance due and unpaid of $1,183.05, for which the plaintiffs -demanded judgment. The answer denies each and every allegation of the complaint, and for a separate defense alleges that in September and October, 1900, the defendant ordered certain goods, wares ■and merchandise consisting of cotton yarns from the plaintiffs at an agreed price of $4,453; that by the terms of the order the…
2Cases cited4 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Smith v. . CoeNew York Court of Appeals · 1902
- Smith v. CoeAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Valley Refining Co. v. Rock Island Refining Co.Supreme Court of Oklahoma · 1934
- Henry Kupfer & Co. v. PellmanAppellate Terms of the Supreme Court of New York · 1910
- James v. Libby, McNeil & LibbyAppellate Division of the Supreme Court of the State of New York · 1905