Jonap v. Siebert

Appellate Terms of the Supreme Court of New York

Jonap v. Siebert

144 N.Y.S. 7

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 13, 1913

StatusPublished

This text of 144 N.Y.S. 7 (Jonap v. Siebert) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jonap v. Siebert, 144 N.Y.S. 7 (N.Y. Ct. App. 1913).

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Opinion

BIJUR, J.

Plaintiff installed under a written contract in defendants’ house a water pump, and sues for the balance of the purchase price. The pump was installed prior to September, 1912, and defendants used the same, apparently continuously, until the city’s water pressure made it unnecessary, some two months later. The defense is that the pump “ran hot” because its shaft was out of alignment. In view, however, of defendants’ retention and use of the pump, the defense, even if. proved, was unavailing. Logan v. Berkshire Apartment House, 3 Misc. Rep. 296, 22 N. Y. Supp. 776; Turl v. Knabe, 26 Misc. Rep. 770, 56 N. Y. Supp. 1017. Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

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BIJUR, J.

Plaintiff installed under a written contract in defendants’ house a water pump, and sues for the balance of the purchase price. The pump was installed prior to September, 1912, and defendants used the same, apparently continuously, until the city’s water pressure made it unnecessary, some two months later. The defense is that the pump “ran hot” because its shaft was out of alignment. In view, however, of defendants’ retention and use of the pump, the defense, even if. proved, was unavailing. Logan v. Berkshire Apartment House, 3 Misc. Rep. 296, 22 N. Y. Supp. 776; Turl v. Knabe, 26 Misc. Rep. 770, 56 N. Y. Supp. 1017. Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

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Bluebook (online)

144 N.Y.S. 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jonap-v-siebert-nyappterm-1913.

Opinion

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