Munroe v. Bonanno
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Domenico Bonanno, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the'"*' office of the clerk of the county of N<=w York on the 20th day°f June, 1896, upon the verdict of a jm'y rendered by direvt;011 0f the court, and also from an order entered in said clerk’s office on the 15th day of June, 1896, denying the defendant’s motion for a new trial made upon the min nibs.
1Opinion of the Court
Williams, J.:
The action was brought on five drafts, four of which were paid before the trial, and liability upon the other was admitted upon the trial. The defendant interposed counterclaims for money had and /' *422received. The court dismissed the • counterclaims, and directed a verdict for the plaintiffs for .the amount of the draft upon which liability was conceded. The questions here arise upon the dismissal of the counterclaims. The defendant accepted and paid the plaintiffs’ two drafts. He claimed on the trial that , these drafts were so accepted and paid under a mistake of fact; that…