Legal Opinion · Dissent

Woerner v. McIntyre

Appellate Terms of the Supreme Court of New York

Decided March 5, 1908Published

Appeal from Municipal Court, Borough of Manhattan, Fourteenth District. Action by Albert M. Woerner against Thomas A. McIntyre. From a judgment for plaintiff, defendant appeals. Affirmed.

1Dissent

MacLEAN, J. (dissenting).

Apart from the evidence of the defendant and his secretary, this judgment appears contrary to the evidence of the plaintiff himself, who, at the end of the job, presented a long itemized bill, amounting to $5,851.06, with certain credits and deductions to the defendant, and was bidden to give it to the secretary, who would fix it up; that with the secretary some changes were made in the account, which itself exhibits corrections and erasures, finally leaving a balance of $518.36, a check for which he took and wrote at the bottom of the bill: “February 2, 1907.…

2Cases cited2 opinions

  1. Komp v. RaymondAppellate Division of the Supreme Court of the State of New York · 1899
  2. Burns v. WalshNew York Court of Common Pleas · 1895

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