131 N.Y.S. 755 | N.Y. App. Div. | 1911
The plaintiffs appeal from a judgment of the Municipal Court of the city of New York, in the borough of Brooklyn, in favor of the defendants, entered upon the verdict of a jury. The pleadings were written. The plaintiffs sued to recover for a balance of $500 unpaid on a sale of horses, trucks and certain appurtenances. The answer, after making various denials, set up an affirmative defense to the effect that the sale in question was induced by false and fraudulent representations on the part of the plaintiffs, and relied upon as true by the defendants, by which they suffered damages to the extent of $500. The articles sold consisted of four horses, four trucks, four sets of harness and various other ardides. The price was $2,212.50. Title was- passed under a bill of sale dated March 17, 1911, which recited the receipt from the vendees of the sum of $1,112.50 in cash and the delivery of six promissory notes, payable at various dates thereafter and secured by chattel mortgage on the articles sold, and described in the bill of sale. Of the cash recited as received by the vendors, the sum of $500
The judgment and order of the Municipal Court should be reversed and a new trial ordered, costs to abide the event.
Jenks, P. J., Hirschberg, Thomas and Rich, JJ., concurred.
Judgment and order of the Municipal Court reversed and new trial ordered, costs to abide the event.