Heinzer v. Klyberg
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, rendered in favor of the defendants, after a trial by the court without a jury.
1Opinion of the CourtCohalan, J.
The action was brought to recover the sum of $240 for goods sold and delivered. The sale, delivery and nonpayment are admitted by the defendants in their answer, but as an affirmative defense they set up that on or about the 9th day of February, 1914, the claim was compromised by an agreement, wherein the plaintiff agreed to accept twenty-five per cent of the face value of his claim in full settlement thereof. The evidence- showed that an involuntary petition in bankruptcy had been filed against the defendants, and that sometime later the plaintiff called at the place of business of the firm…
2Cases cited1 opinion
- Bowns v. StewartAppellate Terms of the Supreme Court of New York · 1899
3Cited by2 opinions
- Heinzer v. KlybergAppellate Division of the Supreme Court of the State of New York · 1915
- Schild v. Quality Furs, Inc.Appellate Terms of the Supreme Court of New York · 1958