Boswell v. Welshoefer
New York Court of Common Pleas
Appeal from a judgment of a district court in the city of New York. The action was brought to recover the amount of a check executed by the defendant. The facts are stated in the opinion. Judgment was rendered for the plaintiff. From the judgment the defendant appealed to this court.
1Opinion of the CourtVan Hoesen, J.
This is an action on a check given by the defendant to the plaintiff. The answer was, first, a general denial, and, secondly, a failure of consideration. It appeared by the evidence that the defendant went to the house of the plaintiff on the morning of September 9th, 1879, and remained there till the 12th. Whilst there he called for wine, and was told that the plaintiff had no wine, whereupon he said that if the plaintiff would send out and procure wine he would pay $4 per bottle for it. Several cases of champagne and a quantity of Rhine wine were then bought by the plaintiff, and furnished…
2Cited by6 opinions
- May v. BurrasCity of New York Municipal Court · 1884
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- Abram French Co. v. MarxNew York Court of Common Pleas · 1894
- Vincent v. VincentNew York Court of Common Pleas · 1891
- Milbank v. JonesThe Superior Court of New York City · 1889
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