Beckwith v. Burlingame
New York County Courts
Appeal from a judgment rendered by the City Court of Utica against defendant for $50 damages and $7 costs. Plaintiff and one Purvis had purchased from the defendant the furniture, etc., in a restaurant in Utica and plaintiff had made a payment thereon of . $50. The venture did not prove successful and no further payments were made. In the meantime a Mrs. Cummings applied to purchase the place.
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Appeal from a judgment rendered by the City Court of Utica against defendant for $50 damages and $7 costs. Plaintiff and one Purvis had purchased from the defendant the furniture, etc., in a restaurant in Utica and plaintiff had made a payment thereon of . $50. The venture did not prove successful and no further payments were made. In the meantime a Mrs. Cummings applied to purchase the place. Plaintiff insisted as a condition to her going out that she must have back the $50 which she had paid. Defendant had offered to sell her interest for $250, and Mrs. Cummings agreed to pay $250.…
1Opinion of the CourtDunmore, J.
So far as necessary to sustain the judgment, the-trial court is presumed to have.decided the disputed questions of fact in'favor of the plaintiff. The evidence is clearly sufficient to sustain the following findings:
1. That in consideration of plaintiff’s release of her interest in the property the defendant premised to pay plaintiff $50.
2. That plaintiff refused .to trust Mrs. .Cummings for the $50.
3. That the plaintiff accepted the note in question at the-defendant’s rbquest and for Her accommodation.
The appellant claims that parol evidence to establish the above facts was inadmissible, for…
2Cases cited2 opinions
- Noel v. . MurrayNew York Court of Appeals · 1855
- Dodge v. . ZimmerNew York Court of Appeals · 1888
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