Appellate Terms of the Supreme Court of New York, 1901

Lovell v. Roebuck

Lovell v. Roebuck
Appellate Terms of the Supreme Court of New York · Decided June 15, 1901
35 Misc. 831; 72 N.Y.S. 1116

Counsel

Edmund F. Driggs, for appellant., Herbert J. Hindes, for respondents.

Lovell v. Roebuck

Opinion of the Court

Per Curiam.

The 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. -

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

Judgment affirmed, with costs.

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