R. M. Gilmour Manufacturing Co. v. Johnson

Appellate Terms of the Supreme Court of New York

R. M. Gilmour Manufacturing Co. v. Johnson

58 Misc. 553, 109 N.Y.S. 715

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 15, 1908

StatusPublished

This text of 58 Misc. 553 (R. M. Gilmour Manufacturing Co. v. Johnson) 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

R. M. Gilmour Manufacturing Co. v. Johnson, 58 Misc. 553, 109 N.Y.S. 715 (N.Y. Ct. App. 1908).

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Opinion

Per Curiam.

This case comes before the court upon a reargument of the appeal herein. We have carefully reexamined the letters written by the defendant and which the plaintiff relies upon as' containing such an acknowledgment of the debt as would take it out of the Statute of Limitations, and we are satisfied that the letters do not contain any admission of indebtedness, except as such admissions are coupled with a claim of offset or counterclaim, and a denial of liability other than the amount for which judgment was offered. That being so, the judgment- appealed from must be modified by directing judgment for the plaintiff for $33.30, with costs in the court below up to the time the offer of judgment was made and costs to the defendant in that court after such offer and costs to the appellant in this court.

Present: Gildbbsleevb and Guy, JJ.

Judgment modified.

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Per Curiam.

This case comes before the court upon a reargument of the appeal herein. We have carefully reexamined the letters written by the defendant and which the plaintiff relies upon as' containing such an acknowledgment of the debt as would take it out of the Statute of Limitations, and we are satisfied that the letters do not contain any admission of indebtedness, except as such admissions are coupled with a claim of offset or counterclaim, and a denial of liability other than the amount for which judgment was offered. That being so, the judgment- appealed from must be modified by directing judgment for the plaintiff for $33.30, with costs in the court below up to the time the offer of judgment was made and costs to the defendant in that court after such offer and costs to the appellant in this court.

Present: Gildbbsleevb and Guy, JJ.

Judgment modified.

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Bluebook (online)

58 Misc. 553, 109 N.Y.S. 715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-m-gilmour-manufacturing-co-v-johnson-nyappterm-1908.