Lamoure v. Caryl
New York Supreme Court
Error to the Otsego common pleas, to review a judgment of that court, reversing, on certiorari, a judgment of a justice of the peace in favor of Lamoure, who was defendant in the justice’s court. The facts are sufficiently stated in the opinion of the court.
1Opinion of the Court
By the Court, Beardsley, J.
The declaration was for goods, wares and merchandize, work done, money had and re*371ceived, and on book account. To this the general issue wag pleaded, and a notice of set-off given, of the same general char acter with the declaration. On the trial, after examining the plaintiff’s book account, which amounted to $246,44, the same was admitted to be correct. This was exclusive of an amount the plaintiff had paid to the defendant on the purchase of a wagon of him. The defendant claimed by way of set-off the balance due for this wagon, as well as various other items,…
2Cases cited2 opinions
- Willoughby v. JenksNew York Supreme Court · 1838
- Matteson v. BloomfieldNew York Supreme Court · 1833
3Cited by26 opinions
- Clark v. . BairdNew York Court of Appeals · 1853
- Mercer v. . VoseNew York Court of Appeals · 1876
- Derby v. GallupSupreme Court of Minnesota · 1860
- Teerpenning v. . the Corn Exchange Ins. Co.New York Court of Appeals · 1871
- Bissell v. WertIndiana Supreme Court · 1871
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