Appellate Terms of the Supreme Court of New York November 24, 1908 (McNiece v. Sapan)

MacLEAN, J.

From the judgment in this action for goods sold and delivered amounting to $366.36, whereof the defendant in his answer admitted to be due $104.69 of which he alleged tender and bringing into court, this appeal professedly comes because the court refused to permit the defendant to interpose his defense.