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Gilvard v. President & Directors of Manhattan Co.

230 A.D. 717 Court N.Y. App. Div. English

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p. 717
Agnes Sauvé Gilvard, Appellant, v. President and Directors of The Manhattan Company, Respondent.

Judgment dismissing amended complaint reversed upon the law and the facts, with costs, and judgment in favor of plaintiff directed in the sum of $569.60. The sum so directed represents the note of plaintiff’s brother, the amount of which was $603.30, with which the defendant has improperly credited itself; and as said sum should be offset by a balance of $33.70, which, upon the accounting, appears to be due from the plaintiff to the bank, the difference, or the sum of $569.60, should have been awarded to plaintiff. In all other respects we find the judgment and findings supported by the evidence. There will be new findings made and a proper conclusion of law to accord with this memorandum. Young, Kapper, Carswell, Scudder and Tompkins, JJ., concur. Settle order on notice.