Dehoust v. Lewis
Appellate Division of the Supreme Court of the State of New York
•Appeal by the plaintiff, Louis Dehoust, from a judgment of the Municipal Court of the city of New York, borough of Bróoklyn, in favor of the defendant, rendered on the 27th day of February, 1908.
1Opinion of the Court
Jenks, J.:
This is an appeal from a judgment of the- Municipal Court dismissing, the complaint on the merits. The action is for goods sold and delivered. The answer alleged delivery of a check for the full amount of the claim. At the trial the plaintiff rested on the pleadings. By admissions and undisputed evidence the defendant showed that he drew such a check in favor of' the plaintiff on October 11, 1907, dated that day, on the Borough Bank, which .was received by the plaintiff .on the morning .of October 12, 1907; that the check was deposited by an indorsee in the First National Bank on…
2Cases cited4 opinions
- Carroll v. . SweetNew York Court of Appeals · 1891
- Smith v. JanesNew York Supreme Court · 1838
- Syracuse, Binghamton & New York Railroad v. CollinsNew York Supreme Court · 1870
- People v. Oriental BankAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by9 opinions
- Deal v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1932
- Zaloom v. GanimAppellate Terms of the Supreme Court of New York · 1911
- Swift & Co. v. MillerIndiana Court of Appeals · 1916
- Mars, Inc. v. ChubriloWisconsin Supreme Court · 1934
- Lalor v. LalorAppellate Division of the Supreme Court of the State of New York · 1949
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