Moss v. Bernstein
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Benjamin S. Moss and-others against Jacob Bernstein. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtWhitaker, J.
[1, 2] This action was brought to recover the sum of $96.83, balance claimed by plaintiffs to be due them for work, labor, and services by plaintiffs for defendant in sponging cloth. The performance of the services is admitted. Defendant pleads accord and satisfaction. The court has given judgment for plaintiffs for the full amount disregarding defendant’s defense and virtually holding that no accord and satisfaction was established. Plaintiffs claimed that the balance sued for was due on April 1, 1913. Defendant claims that prior to March 10, 1913, he had sent goods to plaintiffs to be…
2Cases cited3 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Brewster v. SilversteinAppellate Terms of the Supreme Court of New York · 1912
3Cited by1 opinion
- Bauman v. Aero Waist Co.Appellate Terms of the Supreme Court of New York · 1916