Pomerantz v. Taylor

Appellate Division of the Supreme Court of New York

Pomerantz v. Taylor

248 A.D. 639

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

DecidedMay 15, 1936

StatusPublished

This text of 248 A.D. 639 (Pomerantz v. Taylor) 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

Pomerantz v. Taylor, 248 A.D. 639 (N.Y. Ct. App. 1936).

Pincite

Opinion

In an action to recover moneys in the hands of the defendant as trustee, the defendant interposed an answer containing an affirmative defense setting up the fact that he retained the moneys for compensation for his services as was his custom in these matters. The agreement was in writing and not ambiguous. Hence, custom may not be shown. The affirmative defense was, therefore, properly struck out. Order affirmed, with ten dollars costs and disbursements. Lazansky, P. J., Cars-well, Davis, Adel and Taylor, JJ., concur.

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In an action to recover moneys in the hands of the defendant as trustee, the defendant interposed an answer containing an affirmative defense setting up the fact that he retained the moneys for compensation for his services as was his custom in these matters. The agreement was in writing and not ambiguous. Hence, custom may not be shown. The affirmative defense was, therefore, properly struck out. Order affirmed, with ten dollars costs and disbursements. Lazansky, P. J., Cars-well, Davis, Adel and Taylor, JJ., concur.

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Bluebook (online)

248 A.D. 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pomerantz-v-taylor-nyappdiv-1936.