Horenburger v. Levy

Appellate Terms of the Supreme Court of New York

Horenburger v. Levy

31 Misc. 773, 64 N.Y.S. 448

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1900

StatusPublished

This text of 31 Misc. 773 (Horenburger v. Levy) 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

Horenburger v. Levy, 31 Misc. 773, 64 N.Y.S. 448 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

In view of the possibilities, the conflict of evidence and the unreliability of the plaintiffs’ memory as evidenced by the variances between the allegations of their verified complaint and their testimony, it seems that the only writing which bore upon the arrangements between the parties should have been controlling so far as its contents are concerned. I refer to the receipt in full. The judgment should be modified so as to be for $227, and, as modified, affirmed, without costs.

Present: Teuax, P. J., Scott and Dugbo, JJ.

Judgment modified, and as modified, affirmed, without costs.

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Per Curiam.

In view of the possibilities, the conflict of evidence and the unreliability of the plaintiffs’ memory as evidenced by the variances between the allegations of their verified complaint and their testimony, it seems that the only writing which bore upon the arrangements between the parties should have been controlling so far as its contents are concerned. I refer to the receipt in full. The judgment should be modified so as to be for $227, and, as modified, affirmed, without costs.

Present: Teuax, P. J., Scott and Dugbo, JJ.

Judgment modified, and as modified, affirmed, without costs.

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Bluebook (online)

31 Misc. 773, 64 N.Y.S. 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horenburger-v-levy-nyappterm-1900.