Carpenter v. Turk — 65 N.Y.S. 1129

Majority

p. 1129

CARPENTER, Respondent, v. TURK, Appellant.

(Supreme Court, Appellate Term.

July 11, 1900.)

Headnote

Action by Georgiana Carpenter against Robert L. Turk. From a judgment in favor of plaintiff, defendant appeals. Reversed. E. H. Murphy, for appellant.. G. W. Galinger, for respondent.

On December 12th .the plaintiff wrote defendant, in substance, that she believed that the balance due her on her account was $14.50. This was, in substance, a statement by her memory of the account as it was on the date referred to. Upon the trial plaintiff failed, though interrogated about it, to explain the letter. In February defendant sent plaintiff $25, and satisfactorily explained why he sent it. In view of the evidence referred to, the judgment should have been in favor of the defendant. The plaintiff certainly did not prove her case by a fair preponderance of evidence. I believe that the judgment should be reversed, with costs.

TRUAX, P. J., concurs.