Weber v. Williams & Morford Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Rose Weber against the Williams & Morford Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtLehman, J.
[1] The plaintiff has recovered a judgment upon a check for $100, made and delivered by the defendant. At the trial the plaintiff rested after the check was introduced in evidence. The defendant then produced evidence to establish its defense of want or *620failure of consideration. This evidence was not impeached or contradicted, and for the purposes of this appeal must be accepted as true.
[2-4] It appears that the defendant on April 29th had agreed to accept a five-year lease of premises owned by the plaintiff. The parties met on that day, and a written lease was prepared. That lease contained…
2Cases cited1 opinion
- Weinberg v. GreenbergerAppellate Terms of the Supreme Court of New York · 1905
3Cited by2 opinions
- Schultze v. CohenAppellate Terms of the Supreme Court of New York · 1915
- Schultze v. CohenAppellate Terms of the Supreme Court of New York · 1915