Stern v. Gerber
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District, Action by Harry Stern against Benjamin Gerber. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtGuy, J.
This action was brought to recover for services rendered, of the alleged value of $99.77, on account of which plaintiff was paid $6.81 by defendant’s receiver in bankruptcy. The complaint alleges that, prior to his discharge in bankruptcy, defendant agreed in writing to pay plaintiff the entire amount due as soon as he should procure his discharge in bankruptcy. The defense was a general denial; also a release.
During the bankruptcy proceedings, defendant wrote plaintiff letters promising to pay off the balance due “gradually out of my earnings,” “when I resume earning money.” Plaintiff filed…
2Cases cited5 opinions
- Lawrence v. . HarringtonNew York Court of Appeals · 1890
- Gruenberg v. TreanorAppellate Terms of the Supreme Court of New York · 1903
- Stern v. NussbaumNew York Court of Common Pleas · 1874
- German Exchange Bank v. SchnitzerAppellate Terms of the Supreme Court of New York · 1911
- Kiernan v. FoxAppellate Division of the Supreme Court of the State of New York · 1899