Weisberger v. Martin
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by Herman Weisberger against Charles Martin. From a judgment for defendant, plaintiff appeals. Reversed.
1Opinion of the CourtGirdersleeve, J.
The evidence shows that plaintiff had an agreement with defendant to move the latter's effects at 6 a. m. on May ist. Plaintiff was a truckman and defendant a saloon keeper. The agreed price for moving was $6o. Defendant’s witness swears that he left word with plaintiff’s wife, at plaintiff’s residence, which was also plaintiff’s place of business, at 5:3o a. m. on May ist, not to come until May 4th. Plaintiff swears he never got the message, and came, ready to move defendant’s goods, at the time and place specified, when he was told not to touch anything until he heard from defendant ; that…
2Cases cited1 opinion
- Schlesinger v. JudAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Weston Electrical Instrument Co. v. BeneckeSupreme Court of New Jersey · 1912