Rice v. Kabak
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, 'borough of Manhattan, eighth district, entered in favor of the defendant, after a trial before a justice without a jury.
1Opinion of the CourtSeabury, J.
The pleadings in this case were oral. The complaint was one for money had and received and the answer was a general denial and payment. The plaintiff proved that he deposited with the defendant, between November 9,1910, and November 29, 1910, various sums aggregating in amount 'the sum of $395.50, and that he had received on account several sums amounting to the sum of $340.50. The amount claimed in the summons was $55. The justice of the lower court gave a judgment in favor of the defendant, and based his reasc-n therefor, primarily, upon the ground that the plaintiff had failed to sustain…
2Cases cited1 opinion
- Acharan v. Samuel BrosAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- Bell v. GrimstadMontana Supreme Court · 1928
- Hargadine-Mckittrick Dry Goods Co. v. BreedloveSupreme Court of Oklahoma · 1913
- Ives v. Male, New York County Courts1912