Hirschberg v. Marx

Appellate Terms of the Supreme Court of New York

Hirschberg v. Marx

94 N.Y.S. 342

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 22, 1905

StatusPublished

This text of 94 N.Y.S. 342 (Hirschberg v. Marx) 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

Hirschberg v. Marx, 94 N.Y.S. 342 (N.Y. Ct. App. 1905).

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Opinion

MacLEAN, J.

The plaintiff suing for lumber sold and delivered upon terms, viz., a “three months note or 2% discount for cash within ten days,” and the learned referee having so found the fact to be, the direction of judgment in favor of the plaintiff should be affirmed, for, failing so to plead, it was not error to reject the offer of the defendant Jacobson to prove' a tender of such note. Sidenberg v. Ely, 90 N. Y. 257, 266, 43 Am. Rep. 163.

Judgment affirmed, with costs. All concur;

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MacLEAN, J.

The plaintiff suing for lumber sold and delivered upon terms, viz., a “three months note or 2% discount for cash within ten days,” and the learned referee having so found the fact to be, the direction of judgment in favor of the plaintiff should be affirmed, for, failing so to plead, it was not error to reject the offer of the defendant Jacobson to prove' a tender of such note. Sidenberg v. Ely, 90 N. Y. 257, 266, 43 Am. Rep. 163.

Judgment affirmed, with costs. All concur;

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Bluebook (online)

94 N.Y.S. 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hirschberg-v-marx-nyappterm-1905.

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