Appellate Terms of the Supreme Court of New York, 1901

Insky v. Machat

Insky v. Machat
Appellate Terms of the Supreme Court of New York · Decided June 15, 1901
35 Misc. 827; 72 N.Y.S. 1108

Counsel

M. M. Greenstein, for appellant., E. Rosenthal, for respondent.

Insky v. Machat

Opinion of the Court

Per Curiam.

The infirmity in the trial, whereof this judgment is the result, is that there is no proof that defendant ever satisfied the, debt, after having reached majority. The only evidence is that he made a promise to one Schwartz in the summer of 1900. The defendant was born June 5, 1879, so the promise may have been made prior to June 5, 1900.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

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