Tannebaum v. Nikop
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan,- Seventh District. Action by Henry Tannebaum and another, composing the firm of Tannebaum & Bachmann, against Aaron Nikop and another, composing the firm of Nikop & Kellerman. Judgment for plaintiffs, and defendants appeal. Affirmed.
1Per curiam
A prima facie case of sale and delivery was made out, and this judgment, which is assailed only upon the ground that a nonsuit should have been directed, must be affirmed. While the proof fell short of establishing an oral admission of delivery, in that the promise to pay the account was made to relate to no particular indebtedness, enough appears from the statements made in the books of the defendants’ firm, and from averments of record made with their consent and in their behalf for the purposes of the settlement of the partnership accounts, to disclose an actual admission that the firm was…