Lembeck & Betz Eagle Brewing Co. v. Crudo
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Eew York, borough of Manhattan, first district, in favor of the defendant after a trial by the court without a jury.
1Opinion of the CourtPage, J.
This action was brought to recover upon a check for $156 given by the defendant to the plaintiff upon December 13, 1905. The defenses are payment, and a former adjudication. On the first trial of this case a judgment between the same parties was offered in evidence but excluded, and judgment was given for the plaintiff which was reversed and a new trial ordered. 134 N. Y. Supp. 576. On the second trial the judgment roll in the former action was received in evidence and judgment was given for the defendant; from that judgment this appeal was taken. The evidence is very unsatisfactory. The…
2Cases cited1 opinion
- Bell v. . MerrifieldNew York Court of Appeals · 1888
3Cited by1 opinion
- Lalor v. LalorAppellate Division of the Supreme Court of the State of New York · 1949