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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 18, 1938

StatusPublished

This text of 255 A.D. 841 (Herzberg v. House of Tre-Jur, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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.

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Bluebook (online)

255 A.D. 841, 7 N.Y.S.2d 1000, 1938 N.Y. App. Div. LEXIS 5551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herzberg-v-house-of-tre-jur-inc-nyappdiv-1938.