Sturz v. Fischer
Appellate Division of the Supreme Court of the State of New York
- Appeal by the defendant, Frederick S. Fischer,.from a judgment of the Supreme Court in favor of the pláintiff, entered in .the office of the clerk of the county of Hew York on .the 16th day of -Janm ary, 189% upon the verdict of a jury, and also from- an order bearing date,the loth day of January,.. 189% and entered.-in said.clerk’s office, denying, the.'defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Parker, J. :
This is an action for goods sold and delivered.- As matter of defense the defendant alleged in his answer, and proved' upon the trial, that the plaintiff extended the time of payment of such indebtedness, and to that end accepted defendant’s several notes, the face.value of which aggregated the amount of defendant’s indebtedness ; and that'not one of such notes had matured at the time of the commencement of this action. The -action was, therefore^ prematurely brought. (Martens-Turner Company v. Machintosh, 17 App. Div. 419.)
The judgment should be reversed and a new trial ordered,…
2Cases cited1 opinion
- Martens-Turner Co. v. MackintoshAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Miller v. MyersNew York Supreme Court · 1912