Danches v. Pariser
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Joseph Danches and another, partners as Danches & Gold, against Joseph Pariser. From a judgment for plaintiffs, defendant appeals. Reversed, and new trial ordered. Argued January term, 1914, before LEHMAN, PAGE, and BI-JUR, JJ.
1Dissent
PAGE, J. (concurring).
I concur in the reversal. The affidavit purporting to state the testimony does not show any tender of the $170, but merely an offer to pay on condition that a satisfaction piece should be given. A mere conditional offer to pay is not equivalent to an actual tender. Jones v. Seaman, 133 App. Div. 127, 130, 117 N. Y. Supp. 288, and cases cited. The determination of appeals upon affidavits in lieu of stenographer’s minutes is very unsatisfactory. The loss of the original minutes by stenographers in the Municipal Courts is altogether too frequent. I would suggest that such…
2Cases cited1 opinion
- Jones v. SeamanAppellate Division of the Supreme Court of the State of New York · 1909