Horowitz v. Brodowsky
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, seventh district, rendered on the 19th day of May, 1898, in favor of the defendants for $4.33 and $10 costs, by the court, without a jury.
1Opinion of the CourtGiegerich, J.
It is undisputed that the plaintiff’s assignor, one Samuel Rubenstein, sold and delivered to the defendants, a pair of diamond earrings, at the agreed price of $199.
The defendants having failed to pay for the goods, the plaintiff,, to whom the claim was subsequently assigned, commenced this action. The defendants, among other things, pleaded a set-off.
The plaintiff, at the trial, admitted the correctness of the items-of the bill of particulars touching his claim for the sum of $153.33, so pleaded as a set-off for furniture sold and delivered by the defendants to the plaintiff’s assignor, and…
2Cases cited3 opinions
- Myers v. . DavisNew York Court of Appeals · 1860
- Martens-Turner Co. v. MackintoshAppellate Division of the Supreme Court of the State of New York · 1897
- Norton v. McCarthyCity of New York Municipal Court · 1894