Legal Opinion

Eno v. Gidoney

Appellate Terms of the Supreme Court of New York

Decided June 28, 1915Published

Appeal from Municipal Court, Borough of the Bronx, Second District. Action hy Charles Eno against David Gidoney. From a judgment for plaintiff, defendant appeals. Reversed and remanded.

1Opinion of the CourtBijur, J.

Plaintiff sued to recover from defendant the amount of indebtedness due plaintiff from a third person for legal services. Plaintiff testified in substance that defendant called upon him with this third person, and said:

“ ‘Well, you know me. I don’t want you to sue him. You can look to me for the payment. I will pay that sum of money; but that payment will be made in two payments, one in May and one in June.’ I said to him: ‘If you promise to pay me that, I will have no further business with Levine; it is agreeable to me. I am willing to give you the time to pay it, but you must pay me.’ And I…

2Cases cited5 opinions

  1. White v. . RintoulNew York Court of Appeals · 1888
  2. Raabe v. . SquierNew York Court of Appeals · 1895
  3. Ackley v. . ParmenterNew York Court of Appeals · 1885
  4. Mechanics & Traders' Bank v. StettheimerAppellate Division of the Supreme Court of the State of New York · 1906
  5. Blumm v. GilbertAppellate Division of the Supreme Court of the State of New York · 1900

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