Walsh v. Campbell
Appellate Division of the Supreme Court of the State of New York
On motion for reargument. Denied.
1Per curiam
Soihe confusion is created in marshaling the different payments by reason of the plaintiff having credited on account of the contract one payment of $300 which should have been *747credited on account of extra work, because the receipt itself states that it was a payment on account of such .extra work. The result, however, is in nowise changed; for, if we credit it, as it should have been, to extra work, it would make a payment of $300 less on account of the contract, so that the balance due on the contract, instead of being $72.94, should have been $372.94. And although the plaintiff states that…
2Cited by2 opinions
- McNish v. Village of PeekskillAppellate Division of the Supreme Court of the State of New York · 1897
- McNish v. Village of PeekskillAppellate Division of the Supreme Court of the State of New York · 1897