Gutterman v. Mannes

236 A.D. 687 Court N.Y. App. Div. English

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p. 687

Max Gutterman, Respondent, v. Sol Mannes and Robert P. Geller, Copartners, Trading as Empress Company, Appellants.

Order striking out defense of accord and satisfaction affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Kapper and Hagarty, JJ., concur; Young and Tompkins, JJ., dissent and vote to reverse, being of opinion that the answer is good as a defense of payment.