Mendoza v. Levy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George-Levy, from a judgment of the Municipal Court- of the city of 17 ew York, borough of Brooklyn, in favor of the" plaintiff, entered in the office of the clerk Of said court on "the 3d day of March, 1905, upon the verdict of a jury rendered by direction of the court.-
1Opinion of the Court
Jenks, J.:
The action is for'money had and received. . The-defendant offered no evidence. The court directed'a verdict for the'plaintiff,, overruling,'under exception, the request of the defendant for a submisr sion to the jury. As the case depends upon the uncorroborated, testimony of the plaintiff the question on this appeal is whether the general rule, as stated in Saranac & L. P. R. R. Co. v. Arnold (167 N. Y. 368), Or that general rule as modified and expressed in Hull v. Littauer (162 id. 569), should obtain in this case. The general rule stated in the first case supra is (pp. 373, 374):…
2Cases cited4 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Saranac & Lake Placid Railroad v. ArnoldNew York Court of Appeals · 1901
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- Difuria v. WallaceAppellate Division of the Supreme Court of the State of New York · 1915
- Woodson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1960