Legal Opinion

Ravenswood Paper Mill Co. v. Dix

Appellate Terms of the Supreme Court of New York

Decided December 15, 1908PublishedCited by 3 opinions

Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, eleventh district, borough of Manhattan, in favor of the plaintiff, rendered after a trial, before the court without a jury.

1Opinion of the CourtGiegerich, J.

The action is to recover a balance claimed to be due upon the sale and delivery of various lots of box board at an agreed price.

It was admitted by both sides that on July 18, 1907, sales and deliveries aggregating $561.51, gross, had heen made and had not been paid for. On that date the defendant sent the plaintiff a check for the sum of $233.61. On the margin of that check the following words were plainly printed:

“¡No receipt necessary.

This voucher is Settlement of the following.”

Underneath these words there appeared the following statement of the account:

*237This check was received and retained…

2Cases cited9 opinions

  1. Fuller v. . KempNew York Court of Appeals · 1893
  2. Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
  3. Laroe v. . Sugar Loaf Dairy Co.New York Court of Appeals · 1905
  4. Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
  5. Jackson v. . VolkeningNew York Court of Appeals · 1904

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Alcorn v. ArthurCourt of Appeals of Kentucky (pre-1976) · 1929
  2. Dobbs v. Prudden-Winslow Co.Appellate Terms of the Supreme Court of New York · 1916
  3. Frank v. VogtAppellate Division of the Supreme Court of the State of New York · 1917

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