Lacey v. Steinhardt

Appellate Terms of the Supreme Court of New York

Lacey v. Steinhardt

156 N.Y.S. 273

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 28, 1915

StatusPublished

This text of 156 N.Y.S. 273 (Lacey v. Steinhardt) 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

Lacey v. Steinhardt, 156 N.Y.S. 273 (N.Y. Ct. App. 1915).

Pincite

Opinion

FINCH, J.

This action was brought to recover moneys loaned by the plaintiff to the defendant. The answer set up a defense of payment and a general release.

Plaintiff testified that he made various small loans to defendant during a period of about a year and a half, and such loans aggregated at least $1,579. Thereafter the plaintiff, the defendant, and the latter’s attorney had a conference, in which it was agreed that the plaintiff had advanced that amount, and that the defendant had already paid $540 on account. If these figures were correct, there remained due $1,039. The defendant at that conference paid $750 more, and received from the plaintiff a general release under seal. Plaintiff testified that the release was prepared by defendant’s attorney, who said it was a “receipt”; that he (the plaintiff) did not read it, but believed it to be merely a receipt «for the $750, though a copy of it was given to him at the time. He further testified that the defendant promised to pay the balance in a few days. If this testimony is true, plaintiff’s claim was not without evidence to support it.

The judgment appealed from must be reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.

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FINCH, J.

This action was brought to recover moneys loaned by the plaintiff to the defendant. The answer set up a defense of payment and a general release.

Plaintiff testified that he made various small loans to defendant during a period of about a year and a half, and such loans aggregated at least $1,579. Thereafter the plaintiff, the defendant, and the latter’s attorney had a conference, in which it was agreed that the plaintiff had advanced that amount, and that the defendant had already paid $540 on account. If these figures were correct, there remained due $1,039. The defendant at that conference paid $750 more, and received from the plaintiff a general release under seal. Plaintiff testified that the release was prepared by defendant’s attorney, who said it was a “receipt”; that he (the plaintiff) did not read it, but believed it to be merely a receipt «for the $750, though a copy of it was given to him at the time. He further testified that the defendant promised to pay the balance in a few days. If this testimony is true, plaintiff’s claim was not without evidence to support it.

The judgment appealed from must be reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.

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Bluebook (online)

156 N.Y.S. 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lacey-v-steinhardt-nyappterm-1915.