Kremer v. Adler

Appellate Terms of the Supreme Court of New York

Kremer v. Adler

35 Misc. 815, 72 N.Y.S. 1114

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 815 (Kremer v. Adler) 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

Kremer v. Adler, 35 Misc. 815, 72 N.Y.S. 1114 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

The testimony clearly shows that the account presented to the defendants on January 22, 1901, was correct and past due. The alleged arrangement then said to have been entered into between defendants and the plaintiff’s agent, that they should pay less than the amount of the bill in full of same, and return some of the goods, was at once repudiated and disavowed by the principal and notice thereof given to the defendants. The deduction from the account was thus rendered nugatory. It is quite true the plaintiff retained and used the defendants’ check for the reduced sum, which was marked “ in full to date.” This of itself has no weight, there being nothing in way of settlement of disputed claims to serve as a consideration, or any element to support an accord and satisfaction..

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

Judgment affirmed, with costs.

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Per Curiam.

The testimony clearly shows that the account presented to the defendants on January 22, 1901, was correct and past due. The alleged arrangement then said to have been entered into between defendants and the plaintiff’s agent, that they should pay less than the amount of the bill in full of same, and return some of the goods, was at once repudiated and disavowed by the principal and notice thereof given to the defendants. The deduction from the account was thus rendered nugatory. It is quite true the plaintiff retained and used the defendants’ check for the reduced sum, which was marked “ in full to date.” This of itself has no weight, there being nothing in way of settlement of disputed claims to serve as a consideration, or any element to support an accord and satisfaction..

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

Judgment affirmed, with costs.

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Bluebook (online)

35 Misc. 815, 72 N.Y.S. 1114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kremer-v-adler-nyappterm-1901.