Ewald v. Poates
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leonard L. Poates, from a judgment of the Municipal Court of the city of Mew York, borough of Brooklyn, upon the decision of the court in favor of the plaintiff, entered on the 23d day of June, 1904.
1Opinion of the Court
Willard Bartlett, J.:
Five causes of action are set out in the complaint. The first three are based upon promissory notes aggregating $271. The other two are immaterial upon this appeal. The answer, so far as it is important to the present discussion, pleaded an accord and satisfaction, and set up a counterclaim. Judgment was rendered in favor of the plaintiff on the first three causes of action and the defendant’s counterclaim was dismissed.
Assuming that it was admissible under the answer, the court below, against the objection of the plaintiff, received evidence tending to show that upon a…
2Cited by2 opinions
- Kelley Lumber Co. v. Otselic Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Selmar Garage Corp. v. Rink Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1953