Legal Opinion

King Paint Co. v. Lang

New York County Courts

Decided October 15, 1913Published

Appeal from a judgment in favor of the defendant rendered upon the verdict of a jury in the Justice’s Court of the town of Hempstead.

1Opinion of the CourtNiemann, J.

The plaintiff sued to recover thirty-nine dollars and sixty cents for paint sold and delivered. The defendant admitted that he purchased goods amounting to said sum, but set up a counterclaim of fifteen dollars for the expense of putting on a third coat of paint which he claimed was made necessary by a defect in the quality of some of the paint sold and delivered to him by the plaintiff. Notwithstanding the defendant’s admission of a clear indebtedness to the plaintiff in the sum of twenty-four dollars and sixty cents the jury rendered a verdict of fifteen dollars for the defendant. The jury…

2Cases cited5 opinions

  1. Wears v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1912
  2. Hartmann v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1902
  3. Pearce v. Knapp, New York County Courts1911
  4. Bentley v. Ard, New York County Courts1910
  5. Trubenback v. Nelson, New York County Courts1911

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