Beaber v. Yorke
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Abraham Beaber against Nelle M. Yorke. From a judgment of the Municipal Court of the City of New York, dismissing complaint, plaintiff appeals.
1Opinion of the CourtGuy, J.
The action was on a check given by the defendant to the plaintiff in payment of services and material furnished. The defendant claimed that it had been agreed by the parties that the work and material should be satisfactory to her, that neither the material nor the work was satisfactory, and that she stopped payment of the check for that reason; while the plaintiff and his witnesses testified that the material furnished and the services rendered were in accordance with the agreement.
At the opening of the trial defendant’s counsel conceded the cause of action on the check, and undertook to…
2Cases cited3 opinions
- Goldberg v. VictorAppellate Terms of the Supreme Court of New York · 1899
- Nichols v. WilliamsNew York Supreme Court · 1904
- Nichols v. WilliamsAppellate Terms of the Supreme Court of New York · 1904