Lockwood Trade Journal v. New York Silicate Book Slate Co.

Appellate Terms of the Supreme Court of New York

Lockwood Trade Journal v. New York Silicate Book Slate Co.

88 N.Y.S. 152

Appellate Terms of the Supreme Court of New York·Decided May 5, 1904·Published

Opinion

PER CURIAM.

There was an undisputed liability on the part of the a cannot There was no competent legal proof offered by the defendant upon the trial in contradiction of the plaintiff’s testimony that the defendant’s postdated check of May 22, 1902, for $48.37, had been returned before May 22d. A plea of payment by a postdated check which has been returned is not available. Bradford v. Fox, 38 N. Y. 289. The motion for a direction of a verdict should have been granted.

Judgment reversed and new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

There was an undisputed liability on the part of the a cannot There was no competent legal proof offered by the defendant upon the trial in contradiction of the plaintiff’s testimony that the defendant’s postdated check of May 22, 1902, for $48.37, had been returned before May 22d. A plea of payment by a postdated check which has been returned is not available. Bradford v. Fox, 38 N. Y. 289. The motion for a direction of a verdict should have been granted.

Judgment reversed and new trial ordered, with costs to appellant to abide the event.

Lockwood Trade Journal v. New York Silicate Book Slate Co., 88 N.Y.S. 152 (N.Y. Ct. App. 1904).

Pincite

88 N.Y.S. 152 (Lockwood Trade Journal v. New York Silicate Book Slate Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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