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35 Misc. 831

Lovell v. Roebuck

Appellate Terms of the Supreme Court of New York · decided 1901-06-15

<p>Appeal from a judgment rendered in the Municipal Oourt of the city of New York, third district, borough of Manhattan, in favor of the plaintiffs.</p>

Decided 1901-06-15

Per Curiam.

¶1The plaintiffs’ cause of action was abundantly sustained by the evidence. The defendant repeatedly admitted the correctness of the account except as to a few small items *832which appear to ‘have been allowed to him. The counterclaim seems to have been an afterthought, as it was wholly disallowed; it is of no consequence whether the justice was right or wrong in i of using the motion to allow defendant to increase the amount for which he counterclaimed. -

¶2Present: Scott, P. J., Beach and Fitzgerald, JJ.

¶3Judgment affirmed, with costs.

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