Barth v. Burt
New York Supreme Court
HIS case came up on exceptions taken at the trial, and there directed by the justice to be heard at the general term in the first instance. The action was brought to recover for a breach of warranty as to the quality of hogs sold by the defendant to the plaintiff. The defendant put in issue every allegation of the complaint, but no new matter of defense was interposed by the answer.
Read the full summary
HIS case came up on exceptions taken at the trial, and there directed by the justice to be heard at the general term in the first instance. The action was brought to recover for a breach of warranty as to the quality of hogs sold by the defendant to the plaintiff. The defendant put in issue every allegation of the complaint, but no new matter of defense was interposed by the answer. At the trial the defendant was permitted to introduce in evidence the record of a judgment in this court in favor of the defendant, Burt, against Barth, the plaintiff in this action for $300, being the-balance due…
1Opinion of the CourtLeonard, J.
It is insisted on the part of the defendant Burt, in this action, that the recovery of the judgment against Barth, in the former action, is a bar to the present action, and that Barth was required by law to interpose the breach of the alleged warranty as a defense, recoupment or counter-claim in that action, or be precluded from any claim or action in relation to it; that the record of the former recovery estops the defendant in that action (Barth) from controverting that the plaintiff therein (Burt) fully performed his contract; that matter which would have been a defense to a former action…
2Cases cited9 opinions
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Burdick v. Post & HunttingNew York Supreme Court · 1851
- Morris v. FloydNew York Supreme Court · 1849
- Davis v. . TallcotNew York Court of Appeals · 1854
- Norton v. WoodsCourt for the Trial of Impeachments and Correction of Errors · 1839
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brown v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Watkins v. American Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Goenen v. SchroederSupreme Court of Minnesota · 1871
- Witte v. LockwoodOhio Supreme Court · 1883