Weeks v. Starr
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of- Manhattan, Fifth District. Action by Charles L. Weeks and another, partners as Weeks & Parr, against Philip Starr. Judgment for plaintiffs, and defendant appeals. Reversed, and complaint dismissed.
1Opinion of the CourtGiegerich, J.
The complaint in this action alleges a sale and delivery of goods to the defendant. The answer is a general denial and a plea of payment. Upon the trial it was shown that prior to July 19, 1911, there was due from defendant to plaintiffs the sum of $180. On that day the defendant paid on account the sum of $50. The summons and complaint was served upon the defendant on August 14, 1911, and upon August 19, 1911, the balance due the plaintiffs of $130 was paid. The summons was returnable on August 23, 1911, at which time the plea of payment was interposed by the defendant. Upon the foregoing…
2Cases cited3 opinions
- Bronner Brick Co. v. M. M. Canda Co.New York Supreme Court · 1896
- Keeler v. Van WieNew York Supreme Court · 1875
- Himberg v. RogersAppellate Terms of the Supreme Court of New York · 1903
3Cited by1 opinion
- Obert v. ZahnSupreme Court of Oklahoma · 1914