Rothschild v. Mosbacher
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Samuel Mosbacher and SigmundITerzfelder, from a judgment of the Supreme Court in favor of the plaintiff, entered ill the office of the clerk of the county of Hew York on the 16th day of April, 1897, upon the verdict of a jury, and also from an order entered in said" clerk’s office on the 19th day of April, 1897, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover a. sum alleged to be due for commissions on sales made by the plaintiff for the defendants, between 1890 and the close of the year 1893. The plaintiff had a verdict, and from the judgment entered thereon defendants appealed. But one question is presented which calls for a review by this court, and that is, whether the delivery of a' certain check to the plaintiff, the receipt and subsequent use of it by him, amounted in law to an accord and satisfaction. The' defendants contend that it did, and that, therefore, the trial court' erred in…
2Cases cited1 opinion
- Fuller v. . KempNew York Court of Appeals · 1893
3Cited by1 opinion
- Strock v. Brigantine Transportation Co.Appellate Terms of the Supreme Court of New York · 1898