A. & S. Henry & Company v. Talcott
Appellate Division of the Supreme Court of the State of New York
Appeal by the above-named A. & S. Henry & Company, Limited, from an order of the Supreme Court-, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of October, 1903, granting,.upon conditions,, a motion made by James Talcott for leave to serve an amended answer in the first above-entitled action, in which he is the defendant, and to discontinue the second above-entitled action, in which he is the plaintiff.
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Appeal by the above-named A. & S. Henry & Company, Limited, from an order of the Supreme Court-, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of October, 1903, granting,.upon conditions,, a motion made by James Talcott for leave to serve an amended answer in the first above-entitled action, in which he is the defendant, and to discontinue the second above-entitled action, in which he is the plaintiff. Also an appeal by the said James Talcott from so much of such order as imposes the conditions above referred to.
1Opinion of the Court
Hatch, J.:
The case of A. & S. Henry & Company, Limited, against Talcott was commenced in January, 1898. The plaintiff therein is an English corporation, and the action is brought to recover for goods sold and delivered. There does not seem to be any controversy over the fact of the delivery of the goods, the defense being rested mainly upon counterclaims alleging a breach of warranty in the sale of the goods causing damage to the defendant, and also that the goods were delivered after the time provided for in the contract and that serious damage arose therefrom. With respect to the defenses…
2Cases cited2 opinions
- A. & S. Henry & Co. v. TalcottNew York Court of Appeals · 1903
- Mutual Loan Ass'n v. LesserAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Murphy v. Plankinton BankSouth Dakota Supreme Court · 1905
- Treadwell v. ClarkNew York Supreme Court · 1904