Kunle v. Magee

Appellate Division of the Supreme Court of New York

Kunle v. Magee

240 A.D. 976

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1933

StatusPublished

This text of 240 A.D. 976 (Kunle v. Magee) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kunle v. Magee, 240 A.D. 976 (N.Y. Ct. App. 1933).

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Opinion

Order [977]*977directing that judgment in favor of plaintiff be marked “ Paid and Satisfied ” reversed on the law and the facts, with ten dollars costs and disbursements, and the matter remitted to Special Term to take proof upon the issue of whether or not tAe judgment was satisfied, the issue to be whether cash and note were accepted in satisfaction or conditionally. We are of opinion that the issue was one which should not have been determined upon conflicting affidavits. Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ., concur.

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Order [977]*977directing that judgment in favor of plaintiff be marked “ Paid and Satisfied ” reversed on the law and the facts, with ten dollars costs and disbursements, and the matter remitted to Special Term to take proof upon the issue of whether or not tAe judgment was satisfied, the issue to be whether cash and note were accepted in satisfaction or conditionally. We are of opinion that the issue was one which should not have been determined upon conflicting affidavits. Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ., concur.

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Bluebook (online)

240 A.D. 976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kunle-v-magee-nyappdiv-1933.