Mazur v. Urbach
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First.District. Action by Jacob R. Mazur against Morris A. Urbach. From a judgment dismissing the complaint, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtWhitaker, J.
This is an action for conversion. Defendant gave plaintiff a check, dated March 7th, payable to plaintiff’s order. The amount written in the body of the check was $100.96, and the amount stated in the figures was $118.96. This check was given for goods sold and delivered by the plaintiff to defendant.. Plaintiff presented this check to be cashed to one Wolf Gold, and indorsed the same over to him. Gold sent the check for deposit to his bank, when the difference in the amounts on the face of the check was discovered. The check was returned to Gold from the bank, and Gold delivered the check…
2Cases cited2 opinions
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Abrahamovitz v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907