Waters v. Lang
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, rendered in favor of the plaintiff.
1Opinion of the CourtSeabury, J.
The plaintiff sues to recover for the alleged conversion of two horses. The defendant Lang claimed that the plaintiff was indebted to her in the sum of'$375, and that she had sold the horses for $300, and interposed a counterclaim for $75. The court below failed to submit to the jury the issue raised by the,counterclaim, and submitted to the jury the issue as to the value of the horses, which the defendant Lang was alleged to have converted. The action resulted in a judgment for the plaintiff for ,$475 and costs. We think this result is unjust to the defendants, and that *241the defendant Lang…
2Cases cited2 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- O'Brien v. DwyerAppellate Division of the Supreme Court of the State of New York · 1902