American Ink Co. v. Riegel Sack Co.
City of New York Municipal Court
Action by the American Ink Company against the Riegel Sack Company. On demurrer to first and second separate defenses in reply to counterclaim in defendant’s answer. Sustained in part, and overruled in part.
1Opinion of the CourtO’Dwyer, C. J.
Plaintiff sues to recover $1,628.66, balance due for goods sold and delivered between July 15 and November 9, 1911. Defendant, a foreign corporation having an office in the city of New York, pleads a set-off as a partial defense and two counterclaims.
[1] In the first counterclaim defendant alleges that it is a foreign corporation engaged in the manufacture and sale of cotton burlap bags and bagging; that on July 15, 1911, plaintiff sold and delivered to defendant 500 pounds of ink, which plaintiff warranted would match a sample theretofore furnished to plaintiff by defendant; that said ink…
2Cases cited6 opinions
- Cragin v. . LovellNew York Court of Appeals · 1882
- Mahar v. . Harrington Park Villa SitesNew York Court of Appeals · 1912
- Welsbach Company v. . Norwich Gas and Electric CompanyNew York Court of Appeals · 1905
- J. R. Alsing Co. v. New England Quartz & Spar Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Acorn Brass Manufacturing Co. v. RutenbergAppellate Division of the Supreme Court of the State of New York · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Intra-Mar Shipping (Cuba) S. A. v. John S. Emery & Co.District Court, S.D. New York · 1951
- Security Trust Co. v. PritchardNew York Supreme Court · 1924