Torregiani v. Russo Barba Realty Co.

Appellate Terms of the Supreme Court of New York

Torregiani v. Russo Barba Realty Co.

150 N.Y.S. 691

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 14, 1914

StatusPublished

This text of 150 N.Y.S. 691 (Torregiani v. Russo Barba Realty Co.) 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

Torregiani v. Russo Barba Realty Co., 150 N.Y.S. 691 (N.Y. Ct. App. 1914).

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Opinion

BIJUR, J.

Plaintiffs sue upon a promissory note for $250; the defense being payment. Defendants exhibited receipts for the face value of the note; but, as to $200 of the money represented by the receipts, plaintiffs testify that it was paid on a prior indebtedness of defendants to plaintiffs. When defendants sought in rebuttal to show that the prior indebtedness had been entirely liquidated, all their proofs were rejected. The evidence was competent and material, and should have been admitted.

Judgment reversed, and new trial granted, with costs to appellants to abide the event. All concur.

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BIJUR, J.

Plaintiffs sue upon a promissory note for $250; the defense being payment. Defendants exhibited receipts for the face value of the note; but, as to $200 of the money represented by the receipts, plaintiffs testify that it was paid on a prior indebtedness of defendants to plaintiffs. When defendants sought in rebuttal to show that the prior indebtedness had been entirely liquidated, all their proofs were rejected. The evidence was competent and material, and should have been admitted.

Judgment reversed, and new trial granted, with costs to appellants to abide the event. All concur.

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Bluebook (online)

150 N.Y.S. 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torregiani-v-russo-barba-realty-co-nyappterm-1914.