James Howden & Co. of America, Inc. v. American Condenser & Engineering Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Howden & Company of America, Inc., 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 27th day of April, 1920, overruling the defendant’s demurrer to affirmative defenses contained in plaintiff’s reply to the defendant’s counterclaims.
1Opinion of the Court
Smith, J.:
The complaint was for goods sold and delivered and the judgment demanded is for $10,012.75. The contract is alleged in paragraph 4 of the complaint as having been made at Wellsville, N. Y. The defendant, in its answer, denies each and every allegation contained in paragraphs 4 and 5 of the plaintiff’s complaint. In the 2d paragraph of the answer a contract is specifically alleged for the delivery of twenty-five sets of gray iron castings in, accordance with certain drawings and in accordance with certain specifications therein stated. It is further alleged that the plaintiff failed…
2Cases cited2 opinions
- J. R. Alsing Co. v. New England Quartz & Spar Co.Appellate Division of the Supreme Court of the State of New York · 1901
- American Ink Co. v. Riegel Sack Co.Appellate Terms of the Supreme Court of New York · 1913
3Cited by14 opinions
- Italian Mosaic & Marble Co. v. City of Niagara FallsNew York Supreme Court · 1928
- State v. Cook United, Inc.Court of Appeals of Texas · 1971
- Burley Newspapers, Inc. v. Mist Publishing Co.Idaho Supreme Court · 1966
- Warren Trading Corp. v. Kraglan Building Corp.Appellate Division of the Supreme Court of the State of New York · 1927
- Bozzuto's Inc. v. KANTROWITZ & SONS, INC.New Jersey Superior Court Appellate Division · 1971
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