Leventhal v. Weber-Peuthert Co. — 224 N.Y. 693

Majority

p. 693

Abraham N. Leventhal, Appellant, v. The Weber-Peuthert Company, Respondent, Impleaded with Another.

Headnote

Leventhal v. Weber-Peuthert Co., 173 App. Div. 886 , affirmed.

(Argued November 1, 1918;

decided November 19, 1918.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 16, 1916, affirming a judgment in favor of defendant entered upon a verdict in an action to

p. 694

recover on two promissory notes. The defense was that the notes were paid in full by the delivery to Leventhal & Vogel, the payees, of furs which by agreement between the parties were accepted in full payment of the notes.

Max Schleimer for appellant.

Wallace Thayer for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Cardozo, Pound and Andrews, JJ.