Legal Opinion · Dissent

Dermer v. Barrett

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1922Published

1Dissent

Smith, J. (dissenting):

Upon April 28, 1916, the defendant received from the plaintiff the sum of $192.50, and gave to the plaintiff a receipt in form as follows:

“ No. 972. April 28, 1916.
“ Received from Urcie Dermer “ 7 Hester Street
“ One hundred ninety-two 50 /100 Dollars.
“ For payment of Fourteen hundred Kronen
“ Foreign currency
“ To: K. K. Postsparkassa Amt.
“ At: Vienna, Austria.
“ $192.50 C. A. PACKER.
“Note: This remittance will be forwarded to the payee named, subject to the rules and regulations of the various Post Offices used in making the Remittance.
“ No claim covering non-delivery or…

2Cases cited5 opinions

  1. Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
  2. Noah v. . Bowery Savings BankNew York Court of Appeals · 1919
  3. Loomis v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
  4. Scheibe v. ZaroAppellate Division of the Supreme Court of the State of New York · 1922
  5. Newman v. MunkCity of New York Municipal Court · 1901

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