Karpel v. Kasse

Appellate Terms of the Supreme Court of New York

Karpel v. Kasse

35 Misc. 824, 72 N.Y.S. 1112

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 824 (Karpel v. Kasse) 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

Karpel v. Kasse, 35 Misc. 824, 72 N.Y.S. 1112 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

The receipt given by plaintiff on June 9, 1900, was at best but prima facie evidence that the payment then made covered all previous transactions between the parties. The plaintiff swore that it did not cover the goods the value of which is sued for here, and the defendant swore it did. The justice had the witnesses before him and was in a better position than we can be to decide which was most reliable. By an apparent error of calculation, judgment was rendered,for one dollar and fifty cents too much. It should be modified by deducting that sum, and as modified affirmed, without costs.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment modified, and as modified affirmed, without costs.

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Per Curiam.

The receipt given by plaintiff on June 9, 1900, was at best but prima facie evidence that the payment then made covered all previous transactions between the parties. The plaintiff swore that it did not cover the goods the value of which is sued for here, and the defendant swore it did. The justice had the witnesses before him and was in a better position than we can be to decide which was most reliable. By an apparent error of calculation, judgment was rendered,for one dollar and fifty cents too much. It should be modified by deducting that sum, and as modified affirmed, without costs.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment modified, and as modified affirmed, without costs.

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Bluebook (online)

35 Misc. 824, 72 N.Y.S. 1112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karpel-v-kasse-nyappterm-1901.