Plinus v. Fieldsteel

Appellate Division of the Supreme Court of New York

Plinus v. Fieldsteel

149 N.Y.S. 1106

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

DecidedNovember 19, 1914

StatusPublished

This text of 149 N.Y.S. 1106 (Plinus v. Fieldsteel) 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

Plinus v. Fieldsteel, 149 N.Y.S. 1106 (N.Y. Ct. App. 1914).

Pincite

Opinion

BIJ[JIL, J.

This action was brought to recover on a check made and delivered by defendant to plaintiff's assignors. The record. is meager and exceedingly unsatisfactory. Respondent does not attempt to explain the fact that the judgment was rendered for $100.23 damages, although the check is for $101.54. Moreover. it seems quite evident on. the record that the defendant was entitled to be allowed at least one of the counterclaims interposed by him, for ~81O.15 costs, awarded in a previous action brought by the same plaintiff against him, evidence of which was admitted at the trial. Under the circumstances, it is evident that the issues presented by the pleadings should receive a deliberate trial, and a judgment be rendered in accordance with the resulting evidence. Judgment reversed, and a new trial granted. with costs to appellant to abide the event. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BIJ[JIL, J.

This action was brought to recover on a check made and delivered by defendant to plaintiff's assignors. The record. is meager and exceedingly unsatisfactory. Respondent does not attempt to explain the fact that the judgment was rendered for $100.23 damages, although the check is for $101.54. Moreover. it seems quite evident on. the record that the defendant was entitled to be allowed at least one of the counterclaims interposed by him, for ~81O.15 costs, awarded in a previous action brought by the same plaintiff against him, evidence of which was admitted at the trial. Under the circumstances, it is evident that the issues presented by the pleadings should receive a deliberate trial, and a judgment be rendered in accordance with the resulting evidence. Judgment reversed, and a new trial granted. with costs to appellant to abide the event. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

149 N.Y.S. 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plinus-v-fieldsteel-nyappdiv-1914.