Wilcox v. Palmeter 9 N.Y. Sup. Ct. 517

SAMUEL WILCOX, Respondent, v. WASHINGTON PALMETER, Appellant.

Evidence—set-off in suit in Justices’ Gowrt—no reply necessa/ry.

In an action to recover for the use of a wagon, evidence of the value of the wagon, when received and when returned, shows wear and tear and is not incompetent on the question of the value of its use.

In an action in a Justices’ Court, the plaintiff may give evidence in answer to a set-off of the defendant without a formal reply.

Appeal from a judgment of the County Court, affirming a judgment entered in a Justices’ Court, and from an order denying a motion for a new trial.

C. R. Lockwood, for the appellant.

Morris & Russell, for the respondent.