Hall Approved Free Access to American Case Law
Appellate Terms of the Supreme Court of New York, 1959

Finkelstein Sewing Machine Co. v. Century Sewing Machine Co.

Finkelstein Sewing Machine Co. v. Century Sewing Machine Co.
Appellate Terms of the Supreme Court of New York · Decided May 21, 1959 · Aurelio, Hecht, Hoestadter
18 Misc. 2d 423; 186 N.Y.S.2d 1007; 1959 N.Y. Misc. LEXIS 3652

Counsel

Milton J. Levine for appellant., No one appearing for respondent.

Finkelstein Sewing Machine Co. v. Century Sewing Machine Co.

Opinion of the Court

Per Curiam.

The amount due for the work and merchandise upon which plaintiff based its causes of action was admittedly the obligation of the corporate defendant. Even if it is to be assumed that the check given by Samuel Frey, the individual defendant, could apply on the total amount allegedly due from the corporate defendant to the plaintiff, in no event could the individual defendant be held liable for the sum of $137.35, the award made by the court below in favor of plaintiff against the individual defendant.

*424Since there is no basis for the judgment of $137.35 against the individual defendant, the judgment may not be permitted to stand.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Concur — Hoestadter, J. P., Hecht and Aurelio, JJ.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.