Ginsberg v. Lawrence
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Aaron Ginsberg against Fred. M. Lawrence and another. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtWhitney, J.
Plaintiff is a dealer in secondhand sewing machines. He sold one to defendants, stating that it was in very good condition. He let them have it on 10'days’ trial. They paid $25 on account after holding it some days. They were manufacturers of ladies’ underwear, using about 40 machines in their business. Thereafter, on being sued for the balance, they admitted the allegations of the complaint, but set up in defense and as a counterclaim that the machine was not in good condition.- The court properly dismissed the *338counterclaim, but sustained the defense', and entered judgment for defendants,…
2Cases cited3 opinions
- Bartlett v. . HoppockNew York Court of Appeals · 1865
- Oneieda Manufacturing Society v. LawrenceNew York Supreme Court · 1825
- Nash v. WeidenfeldAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Steen v. Southern California Supply Co.California Court of Appeal · 1925
- Eddington v. DickCity of New York Municipal Court · 1976