Metropolitan Shirt Waist Co. v. Kamioner
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Metropolitan Shirt Waist Company against Lee Kamioner. From a judgment for plaintiff, defendant appeals. ' Reversed and dismissed.
1Opinion of the CourtGuy, J.
Plaintiff sues to recover a balance of $66.31 alleged to be due for goods sold and delivered. The defense is an accord and satisfaction. Defendant claimed he had returned goods to the amount of $138.82, and that he should be allowed a discount of $37.72, and $2 for express charges. On the trial the shipment of the goods was admitted, and there was proof of the return of some of the! goods by defendant, of a claim by defendant of a discount of $37.42, and a part payment on account.
About March 15, 1912, plaintiff’s representative, Silverstein, called and demanded payment of the balance. A…
2Cases cited3 opinions
- Simons v. Supreme Council American Legion of HonorNew York Court of Appeals · 1904
- In re SeybelAppellate Division of the Supreme Court of the State of New York · 1907
- Matter of Seybel v. . MetzNew York Court of Appeals · 1909