Kremer v. Haas — 126 N.Y.S. 1135

Majority

p. 1135

KREMER v. HAAS.

(Supreme Court, Appellate Term.

January 5, 1911.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Julius G. ICremer, as trustee in bankruptcy of Gabriel Marks and anoth- \ er, against Louis Haas. From a Municipal ) Court judgment in favor of defendant, plaintiff ( appeals. Reversed, and judgment ordered for j plaintiff. See, also, 123 N. Y. Supp. 975 .

Henry L. Franklin, for appellant.. Nathan G. Goldiberger, for respondent.

This case was before this court on a former appeal ( 123 N. Y. Supp. 975 ), and a judgment for the defendant was reversed for the reason that the defense of pay- \ ment was not sufficiently proved. There is no '} material difference in the testimony introduced upon this trial, and the judgment must therefore be reversed, and judgment ordered for the , plaintiff for the amount demanded in the com-l plaint, with costs in this court and in the court ( below.