Reshofsky v. Weisz
New York Supreme Court
Appeal by the defendant from a judgment of the Municipal Court of the city of blew York, fourteenth district, borough of Manhattan, in favor of the plaintiff, rendered after ia trial had before the court without a jury.
1Opinion of the CourtGiegerich, J.
The action was brought to recover a balance due on the sale of cigars by the plaintiff to the defendant of the value of $873.85 and the value of a showcase, $50, after crediting on account the sum of $761 admitted to have been paid. The trial justice rendered judgment for the plaintiff for the balance of $162.85, with, costs. At the *603dose of the plaintiff’s ease the defendant’s counsel moved to dismiss on the ground that the plaintiff had failed to prove delivery of several of the items in the bill of particulars. Whether such motion was well grounded or not at the time it was made need not be…
2Cases cited3 opinions
- Painton v. . Northern Cent. Railway Co.New York Court of Appeals · 1880
- Tobin v. Manhattan Savings InstitutionNew York Court of Common Pleas · 1893
- Reade v. Continental Trust Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Lis v. Pennsylvania RailroadCity of New York Municipal Court · 1958
- Dembitzer v. GilliamNew York Supreme Court · 1964