Legal Opinion

Galvanotype Engraving Co. v. International Bible Students Ass'n

Appellate Terms of the Supreme Court of New York

Decided January 15, 1917Published

Appeal by defendant from a judgment of the "Municipal Court of the city of New York, borough of Manhattan, first district, in favor of plaintiff after a trial by a judge without a jury.

1Opinion of the CourtBijur, J.

This appeal involves a single question of law, namely, whether upon the undisputed facts there was an accord and satisfaction. Defendant, in 1913, ordered from plaintiff for use in a publication a num*296her of engraving cuts at an agreed price which would have amounted in the aggregate to some $446. Plaintiff delivered the cuts which defendant returned with both written and verbal protest to the effect that the cuts were not properly made. The matter remained open between the parties during" the year 1913.

Plaintiff’s contention is that defendant finally accepted some $316 worth of these cuts,…

2Cases cited7 opinions

  1. Fuller v. . KempNew York Court of Appeals · 1893
  2. Mance v. . HossingtonNew York Court of Appeals · 1912
  3. Laroe v. . Sugar Loaf Dairy Co.New York Court of Appeals · 1905
  4. Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
  5. Jackson v. . VolkeningNew York Court of Appeals · 1904

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