Appellate Terms of the Supreme Court of New York, 1906

William B. Harris Co. v. Kirchofer

William B. Harris Co. v. Kirchofer
Appellate Terms of the Supreme Court of New York · Decided June 1, 1906
99 N.Y.S. 1151 (New York Supplement)

Counsel

Alfrd R. Bunnell, for appellant., Maurice M. Greenstein, for respondents.

William B. Harris Co. v. Kirchofer

Opinion of the Court

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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