Bauman v. Aero Waist Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Hyman Bauman and another against the Aero Waist Company. From a judgment for plaintiffs, defendant appeals. Judgment reversed, and complaint dismissed.
1Opinion of the CourtGuy, J.
The defendant appeals from a judgment in favor of plaintiffs in an action for goods sold and delivered, tried before the court without a jury. The defense set up is accord and satisfaction.
The evidence shows that, after receipt of the first bill of goods, defendant made claims for shortage of materials, which claims were disputed by plaintiffs; that the dispute continued for a long time, and, before there had been any settlement of the dispute, defendant sent a check to plaintiffs with the indorsement, “Indorsement by the payee is acknowledgment of full payment and satisfaction of the within…
2Cases cited6 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
- Post v. . ThomasNew York Court of Appeals · 1914
- Jackson v. . VolkeningNew York Court of Appeals · 1904
- Dunn v. WhalenAppellate Division of the Supreme Court of the State of New York · 1907
1 more not listed; retrieve them via the Exa API.