Wiener v. Auerbach

Appellate Terms of the Supreme Court of New York

Wiener v. Auerbach

98 N.Y.S. 686

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 24, 1906

StatusPublished

Cited by1 cases

This text of 98 N.Y.S. 686 (Wiener v. Auerbach) 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

Wiener v. Auerbach, 98 N.Y.S. 686 (N.Y. Ct. App. 1906).

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Opinion

PER CURIAM.

The plaintiff testified that the sum of $8.50 was due her as w,ages, while the defendant’s testimony showed the amount to be $7.01, which sum he handed to the justice, who thereupon ren-. dered judgment in his favor. Tender was pleaded, but the fact of a tender was not suggested by the proof, and upon the conceded facts the plaintiff was entitled to judgment for the amount admitted by the defendant to be due her.

The judgment must therefore be reversed, and a new trial ordered, with costs to the appellant to abide the event.

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PER CURIAM.

The plaintiff testified that the sum of $8.50 was due her as w,ages, while the defendant’s testimony showed the amount to be $7.01, which sum he handed to the justice, who thereupon ren-. dered judgment in his favor. Tender was pleaded, but the fact of a tender was not suggested by the proof, and upon the conceded facts the plaintiff was entitled to judgment for the amount admitted by the defendant to be due her.

The judgment must therefore be reversed, and a new trial ordered, with costs to the appellant to abide the event.

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Bluebook (online)

98 N.Y.S. 686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiener-v-auerbach-nyappterm-1906.

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