Finkelstein Sewing Machine Co. v. Century Sewing Machine Co.

Appellate Terms of the Supreme Court of New York

Finkelstein Sewing Machine Co. v. Century Sewing Machine Co.

18 Misc. 2d 423, 186 N.Y.S.2d 1007, 1959 N.Y. Misc. LEXIS 3652

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 21, 1959

StatusPublished

This text of 18 Misc. 2d 423 (Finkelstein Sewing Machine Co. v. Century Sewing Machine Co.) 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

Finkelstein Sewing Machine Co. v. Century Sewing Machine Co., 18 Misc. 2d 423, 186 N.Y.S.2d 1007, 1959 N.Y. Misc. LEXIS 3652 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The amount due for the work and merchandise upon which plaintiff based its causes of action was admittedly the obligation of the corporate defendant. Even if it is to be assumed that the check given by Samuel Frey, the individual defendant, could apply on the total amount allegedly due from the corporate defendant to the plaintiff, in no event could the individual defendant be held liable for the sum of $137.35, the award made by the court below in favor of plaintiff against the individual defendant.

[424]*424Since there is no basis for the judgment of $137.35 against the individual defendant, the judgment may not be permitted to stand.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Concur — Hoestadter, J. P., Hecht and Aurelio, JJ.

Judgment reversed, etc.

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Per Curiam.

The amount due for the work and merchandise upon which plaintiff based its causes of action was admittedly the obligation of the corporate defendant. Even if it is to be assumed that the check given by Samuel Frey, the individual defendant, could apply on the total amount allegedly due from the corporate defendant to the plaintiff, in no event could the individual defendant be held liable for the sum of $137.35, the award made by the court below in favor of plaintiff against the individual defendant.

[424]*424Since there is no basis for the judgment of $137.35 against the individual defendant, the judgment may not be permitted to stand.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Concur — Hoestadter, J. P., Hecht and Aurelio, JJ.

Judgment reversed, etc.

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Bluebook (online)

18 Misc. 2d 423, 186 N.Y.S.2d 1007, 1959 N.Y. Misc. LEXIS 3652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finkelstein-sewing-machine-co-v-century-sewing-machine-co-nyappterm-1959.