Herzberg v. House of Tre-Jur, Inc.

Appellate Division of the Supreme Court of New York

Herzberg v. House of Tre-Jur, Inc.

255 A.D. 841, 7 N.Y.S.2d 1000, 1938 N.Y. App. Div. LEXIS 5551

Appellate Division of the Supreme Court of the State of New York·Decided November 18, 1938·Published

Opinion

There is a triable issue as to whether the plaintiffs have been overpaid under the contract of February 10, 1925, by reason of the receipt thereafter of $21,904.33, which, it is alleged by the defendants, was paid on account of future installments under the contract. Order and judgment unanimously reversed, with costs, and the motion denied. Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.

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There is a triable issue as to whether the plaintiffs have been overpaid under the contract of February 10, 1925, by reason of the receipt thereafter of $21,904.33, which, it is alleged by the defendants, was paid on account of future installments under the contract. Order and judgment unanimously reversed, with costs, and the motion denied. Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.

Herzberg v. House of Tre-Jur, Inc., 255 A.D. 841, 7 N.Y.S.2d 1000, 1938 N.Y. App. Div. LEXIS 5551 (N.Y. Ct. App. 1938).

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255 A.D. 841 (Herzberg v. House of Tre-Jur, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.