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Kleinberg v. Deutsch

115 N.Y.S. 91 Court N.Y. App. Term Decision date 1909-03-05 English

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p. 91
KLEINBERG et al. v. DEUTSCH.
(Supreme Court, Appellate Term.
March 5, 1909.)

Headnote

Judgment (§ 251[1] )—Evidence to Support.
Where, in an action tor goods sold and delivered, the answer admits plaintiff’s claims to a certain amount, plaintiff being entitled to judgment for at least the amount admitted, a judgment for defendant is erroneous. [Ed. Note.—For other cases, see Judgment, Dec. Dig. § 251.*]
Appeal from Municipal Court, Borough of Manhattan, Second District.
Action by Nathan Kleinberg and another against Emil Deutsch for goods sold and delivered. From a judgment for defendant, plaintiffs appeal. Reversed, and new trial ordered.
Argued before GILDERSLEEVE, P. J., and MacLEAN and DAYTON, JJ.
Leon Dashew, for appellants.
Charles W. Groll, for respondent.

The action is for goods sold and delivered. Judgment was given for defendant, with $15 costs. Plaintiffs appeal. Inasmuch as' the answer admits the claim to the extent of $47.78, plaintiffs were entitled to at least that sum.

Judgment reversed, and new trial ordered, with costs to appellants to abide the event.