Levine v. Fishman

Appellate Terms of the Supreme Court of New York

Levine v. Fishman

134 Misc. 350, 235 N.Y.S. 549, 1929 N.Y. Misc. LEXIS 884

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 27, 1929

StatusPublished

This text of 134 Misc. 350 (Levine v. Fishman) 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

Levine v. Fishman, 134 Misc. 350, 235 N.Y.S. 549, 1929 N.Y. Misc. LEXIS 884 (N.Y. Ct. App. 1929).

Pincite

Opinions

Pee Cueiam.

By plaintiff’s own story the indorsed notes were accepted by him conditionally. On demand he refused to give them up. He had no power to hold them for any other purpose than to consult his lawyer as to whether he would retain them. The retention as matter of law constitutes an acceptance of them as payment.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

Bijue and Petebs, JJ., concur; Callahan, J., dissents.

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Pee Cueiam.

By plaintiff’s own story the indorsed notes were accepted by him conditionally. On demand he refused to give them up. He had no power to hold them for any other purpose than to consult his lawyer as to whether he would retain them. The retention as matter of law constitutes an acceptance of them as payment.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

Bijue and Petebs, JJ., concur; Callahan, J., dissents.

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Bluebook (online)

134 Misc. 350, 235 N.Y.S. 549, 1929 N.Y. Misc. LEXIS 884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-fishman-nyappterm-1929.

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