Quayle v. City of New York

Appellate Division of the Supreme Court of New York

Quayle v. City of New York

253 A.D. 735, 300 N.Y.S. 623, 1937 N.Y. App. Div. LEXIS 5376

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

DecidedDecember 10, 1937

StatusPublished

This text of 253 A.D. 735 (Quayle v. City of New York) 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

Quayle v. City of New York, 253 A.D. 735, 300 N.Y.S. 623, 1937 N.Y. App. Div. LEXIS 5376 (N.Y. Ct. App. 1937).

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Opinion

In an action to recover a part of the plaintiff’s salary withheld by the defendant, the plaintiff had judgment on the pleadings. The sole question presented in this court was whether the plaintiff, by accepting checks for lesser sums than the amount due on his salary, had waived his rights and that there had been accord and satisfaction under the provisions of section 149 of the Greater New York Charter. Judgment unanimously affirmed, with ten dollars costs and disbursements. There was no waiver or accord and satisfaction. (Matter of Flaherty v. Craig, 184 App. Div. 428, 432; revd. on other grounds, 226 N. Y. 76; Wright v. State of New York, 223 id. 44; Matter of People ex rel. Davis v. Berry, 240 App. Div. 986.) Present —■ Hagarty, Davis, Adel, Taylor and Close, JJ.

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In an action to recover a part of the plaintiff’s salary withheld by the defendant, the plaintiff had judgment on the pleadings. The sole question presented in this court was whether the plaintiff, by accepting checks for lesser sums than the amount due on his salary, had waived his rights and that there had been accord and satisfaction under the provisions of section 149 of the Greater New York Charter. Judgment unanimously affirmed, with ten dollars costs and disbursements. There was no waiver or accord and satisfaction. (Matter of Flaherty v. Craig, 184 App. Div. 428, 432; revd. on other grounds, 226 N. Y. 76; Wright v. State of New York, 223 id. 44; Matter of People ex rel. Davis v. Berry, 240 App. Div. 986.) Present —■ Hagarty, Davis, Adel, Taylor and Close, JJ.

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Bluebook (online)

253 A.D. 735, 300 N.Y.S. 623, 1937 N.Y. App. Div. LEXIS 5376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quayle-v-city-of-new-york-nyappdiv-1937.

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