Greenberg v. Britt

Appellate Terms of the Supreme Court of New York

Greenberg v. Britt

27 Misc. 799, 58 N.Y.S. 409

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1899

StatusPublished

This text of 27 Misc. 799 (Greenberg v. Britt) 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

Greenberg v. Britt, 27 Misc. 799, 58 N.Y.S. 409 (N.Y. Ct. App. 1899).

Pincite

Opinions

Leventritt, J.

The defendant sought to offset an assigned claim to the plaintiff’s admitted cause of action. The single question litigated was the daté of the execution and' delivery of the alleged written assignment to the defendant, and the justice on sufficient evidence found that it was antedated in order to render the counterclaim available. To appeal from such a determination is futile, as it involves merely a question of fact, which, under the settled practice of this court, uniformly leads to affirmance.

The judgment must he affirmed.

Freedman, P. J., concurs.

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Leventritt, J.

The defendant sought to offset an assigned claim to the plaintiff’s admitted cause of action. The single question litigated was the daté of the execution and' delivery of the alleged written assignment to the defendant, and the justice on sufficient evidence found that it was antedated in order to render the counterclaim available. To appeal from such a determination is futile, as it involves merely a question of fact, which, under the settled practice of this court, uniformly leads to affirmance.

The judgment must he affirmed.

Freedman, P. J., concurs.

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Bluebook (online)

27 Misc. 799, 58 N.Y.S. 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenberg-v-britt-nyappterm-1899.