Freudenheim v. Raduziner
New York Court of Common Pleas
Appeal from city court, general term. Action by Julius Freudenheim and others against Julia Raduziner. From a judgment of the city court (33 N. Y. Supp. 1128) affirming a judgment entered on a verdict in favor of defendant, plaintiffs appeal.
1Opinion of the CourtBischoff, J.
The action was to recover for goods sold and delivered, to which an answer was interposed which admitted a certain amount as due and owing, and denied any further indebtedness. With the answer the defendant caused to be served an offer to allow judgment to be taken against her for a stated amount, with interest and costs. Code Civ. Proc. § 738. Thereupon the plaintiff secured an order, upon their motion, which provided for a severance of the action, permitted judgment to be entered sev*816erally for the amount admitted by the answer to be due and owing, and continued the action for the residue of…
2Cases cited3 opinions
- Fay v. MuhlkerNew York Court of Common Pleas · 1892
- Stillwell v. StillwellNew York Supreme Court · 1894
- Potter v. GatesNew York Supreme Court · 1890