Pawson v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by. the plaintiff, Laura Y. Pawson, from a judgment of the County Court of Westchester county in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 13th day of April, 1901, upon the decision of the court dismissing the complaint upon the merits.
1Opinion of the Court
Sewell, J.:
There is no dispute as to the facts of this case. The plaintiff recovered á judgment against the defendant for the sum of $205. An execution was issued and delivered to Thomas E. Lee, a con*13stable, who made a levy upon the defendant’s property. Some time thereafter the defendant gave a check to the constable in settlement of the judgment, fees and expenses. When the constable presented the check at the bank where it was payable it was discovered that “two hundred dollars and ninety-five cents” was written in the body of the check, and $210.95 in the margin. The cashier offered to…
2Cases cited5 opinions
- Hunter v. . WetsellNew York Court of Appeals · 1881
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Pickslay v. . StarrNew York Court of Appeals · 1896
- Mahaney v. WalshAppellate Division of the Supreme Court of the State of New York · 1897
- Lawatsch v. CooneyNew York Supreme Court · 1895
3Cited by2 opinions
- Pereira v. Binet (In Re Harvard Knitwear, Inc.)United States Bankruptcy Court, E.D. New York · 1993
- 470 West End Corp. v. East River Savings BankCivil Court of the City of New York · 1980