William B. Harris Co. v. Kirchofer

Appellate Terms of the Supreme Court of New York

William B. Harris Co. v. Kirchofer

99 N.Y.S. 1151

Appellate Terms of the Supreme Court of New York·Decided June 1, 1906·Published

Opinion

PER CURIAM.

In affirming this judgment we were led to believe that the admission in the answer by the defendants of a liability to the plaintiff and a tender of the admitted amount due had been followed up by a payment of such amount into court. It now appears that such was not the fact, and therefore the judgment should have been reversed. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

In affirming this judgment we were led to believe that the admission in the answer by the defendants of a liability to the plaintiff and a tender of the admitted amount due had been followed up by a payment of such amount into court. It now appears that such was not the fact, and therefore the judgment should have been reversed. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

William B. Harris Co. v. Kirchofer, 99 N.Y.S. 1151 (N.Y. Ct. App. 1906).

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99 N.Y.S. 1151 (William B. Harris Co. v. Kirchofer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.