Lobell-Aborn Auto Co. v. O'Connor

Appellate Terms of the Supreme Court of New York

Lobell-Aborn Auto Co. v. O'Connor

157 N.Y.S. 146

Appellate Terms of the Supreme Court of New York·Decided February 10, 1916·Published

Opinion

BIJUR, J.

This action was brought for gasoline furnished by plaintiff to defendant of the value of $13.20, liability for which defendant admitted. Upon the trial the court dismissed the complaint, and also dismissed the counterclaim. When the counterclaim. was dismissed, judgment should have been given for plaintiff for tire amount concededly due it.

Judgment reversed, with $10 costs to appellant, and judgment directed for the plaintiff for the sum of $13.20 and appropriate costs in the court below. All concur.

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BIJUR, J.

This action was brought for gasoline furnished by plaintiff to defendant of the value of $13.20, liability for which defendant admitted. Upon the trial the court dismissed the complaint, and also dismissed the counterclaim. When the counterclaim. was dismissed, judgment should have been given for plaintiff for tire amount concededly due it.

Judgment reversed, with $10 costs to appellant, and judgment directed for the plaintiff for the sum of $13.20 and appropriate costs in the court below. All concur.

Lobell-Aborn Auto Co. v. O'Connor, 157 N.Y.S. 146 (N.Y. Ct. App. 1916).

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157 N.Y.S. 146 (Lobell-Aborn Auto Co. v. O'Connor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.