Zinn v. Stamm
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Paul Stamm, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of April, 1912, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 29th day of April, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Miller, J. (dissenting):
It is undisputed that on nine different occasions between January 14 and June 12, 1903, inclusive, the plaintiff loaned to the defendant various sums of money amounting in the aggregate to 110,000. On December 25, 1907, the defendant wrote to the plaintiff the following letter:
“ New York, December 25th, 1907.'
“Dear Martin.— I received your letter of the 23rd inst.^ and regret, the tone of it. You know, that after my last-visit to you, I have been ill- at home for over five weeks, and in the meantime conditions down town had changed greatly, not such as. to enable me to…
2Cases cited5 opinions
- Manchester v. . BraednerNew York Court of Appeals · 1887
- Wakeman v. . ShermanNew York Court of Appeals · 1853
- Kincaid v. . ArchibaldNew York Court of Appeals · 1878
- Shaw v. LambertAppellate Division of the Supreme Court of the State of New York · 1897
- Levy v. . PopperNew York Court of Appeals · 1906