R. E. Dietz Co. v. Miller, Sears & Walling Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by the R. E. Dietz Company against the Miller, Sears & Walling Company. From a judgment for plaintiff, defendant appeals. Affirmed.'
1Per curiam
Upon the former appeal (84 N. Y. Supp. 510) it was assumed that the indorsement by the justice upon the summons of the defendant’s offer of judgment carried with it the presumption that the offer was duly and properly made as required by section 148 of the Municipal Court-act (Laws 1902, p. 1537, c. 580). There is nothing in the present record to overcome that presumption. Upon that appeal the judgment was reversed because of an evident miscalculation in the amount awarded. The action was for a small balance for goods sold, amounting to $21.83, against which the defendant claimed to be…
2Cases cited1 opinion
- R. E. Dietz & Co. v. Miller, Sears & Walling Co.Appellate Terms of the Supreme Court of New York · 1903
3Cited by2 opinions
- Rumpf v. SchiffAppellate Terms of the Supreme Court of New York · 1908
- Public Bank v. BirnbaumAppellate Terms of the Supreme Court of New York · 1909