Legal Opinion

Kaliski v. Kaufman

Appellate Terms of the Supreme Court of New York

Decided February 15, 1909PublishedCited by 3 opinions

Appeal by tbe defendant from a judgment in favor of the plaintiff, rendered in tbe Municipal Court of the city of New York, seventh district, borough of Manhattan, and from an order denying a motion to set aside-the judgment and for a new trial, and also from an order denying a motion for a relaxation of costs.

1Opinion of the CourtSeabury, J.

This action is brought to recover for money bad and received. The plaintiff bought goods from the defendant, and for these goods was indebted to him in tbe sum cf $457.30. On February 15, 1902, the plaintiff sent by mail to the defendant a cheek for $173.25, as part payment of this debt. Tbe plaintiff is a resident of the State of Louisiana, and the defendant’s claim was placed in tbe bands *276of an attorney of that State for collection. The defendant’s attorney in Louisiana demanded payment of the entire sum of $457.30. In answer to that demand, the plaintiff protested that he had already sent…

2Cases cited2 opinions

  1. Lawrence v. . American National BankNew York Court of Appeals · 1873
  2. Burr v. VeederNew York Supreme Court · 1829

3Cited by3 opinions

  1. Cukierski v. Standard Milling Co.Civil Court of the City of New York · 1969
  2. People v. McDermott Dairy Co.Appellate Terms of the Supreme Court of New York · 1915
  3. Realty & Commercial Co. v. WinterAppellate Terms of the Supreme Court of New York · 1915

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