Dunn v. Lippard-Stewart Motor Car Co.
New York Supreme Court
Appeal from City Court of Buffalo. Action by John P. Dunn against the Lippard-Stewart Motor car Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtWheeler, J.
We think the judgment should be affirmed. All questions presented seem to be purely questions of fact, saving the question whether the giving of the check, by the defendant, to the plaintiff, of January 8, 1912, for $22.14, and its acceptance by the plaintiff, bars a recovery for,the disputed item of $25.50, a charge for making certain jigs in connection with the manufacture of certain parts furnished the defendant.
On the check, in the upper left-hand corner of the check, were printed the. words “This pays in full,” and it is contended by the appellant *350that the retaining and cashing of this…
2Cases cited5 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Laroe v. . Sugar Loaf Dairy Co.New York Court of Appeals · 1905
- Kleinfelter v. GrangerNew York Supreme Court · 1911
3Cited by2 opinions
- Frank v. VogtAppellate Terms of the Supreme Court of New York · 1916
- Galvanotype Engraving Co. v. International Bible Students Ass'nAppellate Terms of the Supreme Court of New York · 1917