De Lovenzo v. Hughes
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Dominick De Lovenzo against William Hughes. From a judgment in favor of plaintiff, defendant appeals. Reversed.
1Opinion of the CourtBischoff, J.
It appeared, from undisputed evidence, and the respondent’s counsel concedes the facts to have been, that, disputing the justice of his client’s claim of $52.19 for the balance of a merchandise account, the appellant tendered the respondent a check for $2.19 in full payment, and that the latter, having previously refused acceptance of the check, nevertheless, upon the advice of his attorney, and with full knowledge of the condition accompanying the tender, did accept it, and retained the proceeds of its collection to his own use. That these facts, notwithstanding the respondent’s express…
2Cases cited2 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Williams v. BienenzuchtAppellate Terms of the Supreme Court of New York · 1907
- Goss v. RishelAppellate Terms of the Supreme Court of New York · 1904