Adams v. Weissner

Appellate Terms of the Supreme Court of New York

Adams v. Weissner

147 N.Y.S. 946

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 14, 1914

StatusPublished

This text of 147 N.Y.S. 946 (Adams v. Weissner) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. Weissner, 147 N.Y.S. 946 (N.Y. Ct. App. 1914).

Pincite

Opinion

PER CURIAM.

The check for $301.15, sent by defendants to plaintiffs, and which plaintiffs have had certified, belongs to the plaintiffs, and is a payment pro tanto on account of the debt sued on. The judgment must therefore be modified, by deducting from the amount sued for, namely, $401.70, the amount of the check, $301.15, leaving a balance of $100.55, for which, with appropriate costs, plaintiff should have judgment.

Judgment modified, by reducing the same to the sum of $100.55 and appropriate costs in the court below, and, as modified, affirmed, with $15 costs to the appellant.

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PER CURIAM.

The check for $301.15, sent by defendants to plaintiffs, and which plaintiffs have had certified, belongs to the plaintiffs, and is a payment pro tanto on account of the debt sued on. The judgment must therefore be modified, by deducting from the amount sued for, namely, $401.70, the amount of the check, $301.15, leaving a balance of $100.55, for which, with appropriate costs, plaintiff should have judgment.

Judgment modified, by reducing the same to the sum of $100.55 and appropriate costs in the court below, and, as modified, affirmed, with $15 costs to the appellant.

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Bluebook (online)

147 N.Y.S. 946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-weissner-nyappterm-1914.