Galowitz v. Hendlin
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Joseph Galowitz and another against Philip Hendlin. From a judgment for defendant, after a trial by the court without a jury, plaintiff! appeal. Reversed, and new trial granted.
1Opinion of the CourtPage, J.
As no evidence of a bona fide dispute between the plaintiffs and the defendant concerning the amount due on July 29, 1913, when the receipt in full was given, has been - adduced, the giving of the receipt did not amount to an accord and satisfaction. Laroe v. Sugar Loaf Dairy Co., 180 N. Y. 367, 73 N. E. 61; Puller v. Kemp, 138 N. Y. 233, 33 N. E. 1034, 20 L. R. A. 785. In the latter case the learned court said at page 237 of 138 N. Y., at page 1035 of 33 N. E., 20 L. R. A. 785, in the opinion:
“Where the demand is liquidated, and the liability of the debtor is not in good faith disputed, * *…
2Cases cited2 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Laroe v. . Sugar Loaf Dairy Co.New York Court of Appeals · 1905
3Cited by1 opinion
- Beecroft v. CareyAppellate Division of the Supreme Court of the State of New York · 1919