Inslee v. Hampton
New York Supreme Court
Appeal by the defendant from a judgment entered in favor of the plaintiff on a trial at the Circuit, under the direction of the justice. The action was commenced by Napoleon 33. Gardner and Charles T. Inslee, as plaintiffs, against Isaac Hampton.
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Appeal by the defendant from a judgment entered in favor of the plaintiff on a trial at the Circuit, under the direction of the justice. The action was commenced by Napoleon 33. Gardner and Charles T. Inslee, as plaintiffs, against Isaac Hampton. Gardner died pending the action, and it was continued in the name of Charles T. Inslee, as survivor of himself and the said Napoleon B. Gardner, and was brought to recover a balance of $367.03 claimed to be due from defendant to plaintiff’s firm on the following facts: In October and November, 1868, the defendant consigned to plaintiff’s firm a…
1Opinion of the Court
JBeax>t, J.:
The defendant herein commenced an action against the firm of Gardner & Inslee, of which the plaintiff Inslee is the survivor, claiming a sum to be due' arising out of shipments of butter and wool to them. They answered, alleging advances upon the property, the sale thereof, and that the proceeds did not amount to enough to pay the advances and expenses. They did not, however, *232present the excess in their favor either as a set-off or counter-claim: They also commenced this action, which is founded upon the transactions mentioned, claiming the excess referred to, to be due to them.…
2Cases cited3 opinions
- Welch v. HazeltonNew York Supreme Court · 1857
- Keeler v. Dusenbury & OgdenThe Superior Court of New York City · 1853
- Lord & Austin v. OstranderNew York Supreme Court · 1864