Ellenstein v. Klee
New York Court of Common Pleas
Appeal from Fourth district court. . Action by Abraham Ellenstein against Jacob Klee and another. There was a judgment in favor of defendants, and plaintiff appeals.
1Opinion of the CourtDaly, C. J.
The record shows that the parties appeared in the district court on December 21, 1894, after service of the summons, and the “plaintiff complained against the defendants as follows: Work, labor, and services on an assigned claim; and the said ■defendants answered as follows: General denial, breach of contract, tender $17.05, $17.05 paid to clerk Dec. 21, ’95 [evidently a mistake for 1894].” Yo proof of tender before suit was brought was offered *95on the trial, and the justice, according to the record, “rendered judgment in favor of the defendants, and against the plaintiff, $17.05, paid to…
2Cases cited1 opinion
- Eaton v. . WellsNew York Court of Appeals · 1880
3Cited by3 opinions
- Globe Soap Co. v. LissAppellate Terms of the Supreme Court of New York · 1901
- Stieglitz v. CohenAppellate Terms of the Supreme Court of New York · 1910
- Gagliostro v. CaproraleAppellate Terms of the Supreme Court of New York · 1899