Rosofsky v. Lucas
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Tillie Rosofsky against Oscar Lucas. Judgment for defendant. Motion for new trial denied, and plaintiff appeals. Judgment and order reversed, and judgment for plaintiff.
1Opinion of the CourtGuy, J.
In this action to recover $30 alleged to have been loaned by the plaintiff to the defendant on or about November 12, 1907, defendant denied the,loan and set up the statute of limitations as a defense. The plaintiff’s husband testified that he called upon the defendant in July, 1914, and the defendant said that he could not afford to pay the debt then, but that he added, “Give me your address, and I will see what I can do for you in a week or twothat subsequently the witness received a letter from the defendant, which is as follows:
“August 5.
“Dear Sir Rosofsky: I have promised to send you…
2Cases cited5 opinions
- Kincaid v. . ArchibaldNew York Court of Appeals · 1878
- Shaw v. LambertAppellate Division of the Supreme Court of the State of New York · 1897
- Wright v. ParmenterAppellate Terms of the Supreme Court of New York · 1898
- Fletcher v. DanielsAppellate Division of the Supreme Court of the State of New York · 1900
- Serrell v. ForbesAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Behymer Corp. v. SteffeMissouri Court of Appeals · 1966
- Quaker Oats Co. v. NorthAppellate Terms of the Supreme Court of New York · 1917