Hirschberg v. Marx

94 N.Y.S. 342

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;