Hessberg v. Welsh
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Felix Hessberg against Corinne Welsh. From a judgment: of the Municipal Court for plaintiff, defendant appeals.
1Opinion of the CourtSeabury, J.
This is an action to recover the purchase price of' goods sold by the plaintiff to the defendant but not delivered. The
*45only question raised upon this appeal is whether the transaction is within the statute of frauds. The defendant gave the plaintiff a check for $50 on account of the purchase price of the goods, and then stopped payment on the check. There is no evidence that the check was given under any special agreement that the check should constitute payment rather than the means of payment. Under these circumstances, the check did not constitute such a part payment of the amount claimed…
2Cases cited1 opinion
- Hunter v. . WetsellNew York Court of Appeals · 1881
3Cited by5 opinions
- Presti v. WilsonDistrict Court, E.D. New York · 1972
- Charles R. Ablett Co. v. SencerCity of New York Municipal Court · 1927
- Gay v. SundquistSouth Dakota Supreme Court · 1919
- Bates v. DwinellNebraska Supreme Court · 1917
- Bates v. DwinellNebraska Supreme Court · 1917