Legal Opinion
Leiman v. Rosenzweig
Appellate Terms of the Supreme Court of New York
Decided March 14, 1907Published
Appeal from City Court of New York, Trial Term. Action by Simon'Leiman against David Rosenzweig. From a judgment in favor of plaintiff and from an order denying a new trial, defendant appeals. Affirmed.
1Opinion of the CourtHendrick, J.
The complaint contains the following allegation:
“First. That heretofore, in consideration of this plaintiff waiving his right to collect certain outstanding accounts due to the plaintiff and the defendant jointly, and permitting the defendant to collect and retain the same, the defendant promised and agreed to pay this plaintiff the sum of five hundred and fifty-two and 16/ioo dollars.”
The complaint then alleges that no part of that sum has been paid, and demands judgment for that amount. The answer contains a general denial and sets up a counterclaim, alleging the copartnership ■of the…
2Cases cited2 opinions
- Winch v. Farmers' Loan & Trust Co.New York Court of Common Pleas · 1895
- Bassford v. SwiftAppellate Terms of the Supreme Court of New York · 1896