Fruchtbaum v. Schinasi
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Mamie Fruchtbaum against Abraham Schinasi and others. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtWhitaker, J.
This action is brought to recover the sum of $350 damages sustained by plaintiff through the fraudulent act of the defendants in passing upon her a worthless check for that amount. The claim was reduced on the trial by a credit of $100, leaving the sum of $250 due plaintiff. The action is for fraud. The complaint was dismissed at the close of plaintiff’s case. We are of opinion that sufficient proof was adduced to submit the case to the jury. Defendants urgently requested that plaintiff give them her check in exchange for theirs, as they had deposited a check drawn on an out of town bank.…
2Cases cited1 opinion
- Sieling v. ClarkAppellate Terms of the Supreme Court of New York · 1896