Legal Opinion

Kramer v. Grant

Appellate Terms of the Supreme Court of New York

Decided July 15, 1908PublishedCited by 2 opinions

Appeal by the defendant from a judgment in favor of the plaintiffs, rendered in the Municipal Court of the city of Mew York, first district, borough of Manhattan.

1Opinion of the CourtSeabury, J.

This action was brought to recover for goods sold and delivered. The defendant pleads payment. The defendant communicated with the plaintiffs as to the debt and was informed that the plaintiffs had placed the matter in the hands of their attorney. On January 27, 1907, the defendant mailed a check for the. amount of the debt to the plaintiffs’ attorney. This check was received at nine-thirty a. m. on January 28, 1907, by a clerk in the office of the plaintiffs’ attorney. The check was drawn upon the Mechanics and Traders’ Bank and was made payable to the order of the plaintiffs. The clerk, on…

2Cases cited3 opinions

  1. Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
  2. Carroll v. . SweetNew York Court of Appeals · 1891
  3. Murphy v. LevyAppellate Terms of the Supreme Court of New York · 1898

3Cited by2 opinions

  1. Zaloom v. GanimAppellate Terms of the Supreme Court of New York · 1911
  2. Dobbins v. National Union InsuranceCivil Court of the City of New York · 1972

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