Vedder v. Leamon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harvey Leamon., from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Schenectady on the 25th day of March, 190Í, upon the report of a referee, with notice of an intention to bring up for review upon such appeal an order of the Supreme Court made at the Montgomery Special Term and entered in' the office of the clerk of thé county of Schenectady on the 25th day of March, 1901, granting to…
Read the full summary
Appeal by the defendant, Harvey Leamon., from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Schenectady on the 25th day of March, 190Í, upon the report of a referee, with notice of an intention to bring up for review upon such appeal an order of the Supreme Court made at the Montgomery Special Term and entered in' the office of the clerk of thé county of Schenectady on the 25th day of March, 1901, granting to the plaintiffs an extra allowance of costs.
1Opinion of the Court
Parker, P. J.:
The complaint in this action avers that the plaintiffs, at divers times between certain specified dates, sold and delivered to the defendant “ lumber and building materials of various kinds, at and for prices mutually agreed upon, which were worth and' amounted at the prices so agreed upon as aforesaid, to the sum of $16,702.30, which said price and value the defendant promised to pay to the *253plaintiffs for said goods, wares and merchandise.” It then proceeds to aver that $16,228.14 of such sum has been paid; also that the defendant is entitled to a further credit of $12.17 and…
2Cases cited3 opinions
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Dennison v. MusgraveAppellate Terms of the Supreme Court of New York · 1899
- Morgan v. Hudson River Ore & Iron Co.New York Supreme Court · 1891
3Cited by2 opinions
- Rubin v. CohenAppellate Division of the Supreme Court of the State of New York · 1908
- Woodmont Ass'n v. Town of MilfordSupreme Court of Connecticut · 1912