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Cohn v. Marx

51 N.Y.S. 1140 Court N.Y. App. Term Decision date 1898-05-03 English

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p. 1140
COHN, Respondent, v. MARX et al., Appellants.
(Supreme Court, „ Appellate Term.
May 3, 1898.)

Headnote

Action by Harry Cohn against Ferdinand Marx and another. Ezekiel Fixman, for appellants. A. E. Hagemann, for respondent.

In support of the counterclaim for materials claimed to have been furnished by the defendants to the plaintiff, a book kept by the former, containing entries of sundry articles of merchandise, and a cash payment of $10 opposite thereto, was admitted in evidence upon the defendants’ offer. The plaintiff, in rebuttal, testified that said sum was deducted from his earnings by the defendants for shoes sold and delivered; and upon his offer certain bills rendered by the latter for such sales were admitted in evidence, and marked “Plaintiff’s Exhibit No. 1.” These bills are not attached to the return, as they should be, and hence a reargument must be ordered, the return to be amended meanwhile by annexing thereto said exhibit.