Legal Opinion

Weeks v. Starr

Appellate Terms of the Supreme Court of New York

Decided December 22, 1911PublishedCited by 1 opinion

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

  1. Bronner Brick Co. v. M. M. Canda Co.New York Supreme Court · 1896
  2. Keeler v. Van WieNew York Supreme Court · 1875
  3. Himberg v. RogersAppellate Terms of the Supreme Court of New York · 1903

3Cited by1 opinion

  1. Obert v. ZahnSupreme Court of Oklahoma · 1914

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