Legal Opinion
Mersereau v. Villari
New York Supreme Court
Decided December 1, 1893PublishedCited by 2 opinions
Appeal from circuit court, Richmond county. Action by Abram Mersereau and George Mersereau against Annetta Villari on. an order for the payment of money. From a judgment entered on a verdict in favor of plaintiffs, and from an order denying motion for a new trial made on the minutes of the court, . defendant appeals.
1Opinion of the CourtDykman, J.
This is an appeal from a judgment entered upon a verdict of a jury, and also from an order denying a motion for a . new trial upon the- minutes of the court. ■ The action was based upon a written instrument in these words:
“Port Richmond, April 18, 1892.
“Annetta Villari will please pay to Mersereau Bros, three hundred and forty-nine 54/100 dollars out of last payment to become due to me on my contract with you for the erection of a house on Bay street, Clifton, Staten Island. Denis Keeley & Sons.”
Written across the face of the paper were these words: “Accepted. Annetta Villari.”
It appears from…
2Cases cited3 opinions
- Gallagher v. . NicholsNew York Court of Appeals · 1875
- Risley v. . SmithNew York Court of Appeals · 1876
- Home Bank v. . DrumgooleNew York Court of Appeals · 1888
3Cited by2 opinions
- In re the Assignment of Mahaska Coal Co.Supreme Court of Iowa · 1895
- Robinson v. GrayAppellate Terms of the Supreme Court of New York · 1896