Houghton v. Kenyon
New York County Courts
Houghton brought an action before a justice of the peace, in trover, for the conversion of a case of boots, alleged to have been delivered to the defendant through a mistake, and which the defendant converted to his own use, and demanded j udgment in his complaint for $33. The defendant in his answer, set up three defenses, as follows: First—A general denial.
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Houghton brought an action before a justice of the peace, in trover, for the conversion of a case of boots, alleged to have been delivered to the defendant through a mistake, and which the defendant converted to his own use, and demanded j udgment in his complaint for $33. The defendant in his answer, set up three defenses, as follows: First—A general denial. Second—An offset of an account against the plaintiff claiming a balance due him of $67, for which he demanded judgment; and Third—That in consequence of the negligence and carelessness of the plaintiff in effecting the alleged delivery…
1Opinion of the Court
Amos H. Prescott, C. J.,
It is conceded by the counsel that this motion is properly made at this time, and that this court has full authority and power, upon this motion, to determine the questions involved upon the merits. From the return o’f the justice, it appears that, on the trial in the court below, the case was closely contested, and by able counsel, the main question lititgated oefore the justice, was, as to whether the defendant did actually recieve the case of boots.
The defendant offered no evidence under the second and third defenses pleaded in his answer. This bears somewhat upon…
2Cited by3 opinions
- Hall v. WerneyAppellate Division of the Supreme Court of the State of New York · 1897
- Kimball v. RichSuperior Court of Buffalo · 1888
- Hagin v. Cayauga Lake Cement Co.Appellate Division of the Supreme Court of the State of New York · 1905