Amer v. Folk — 66 N.Y.S. 1125

Majority

p. 1125

AMER et al., Respondents, v. FOLK et al., Appellants.

(Supreme Court, Appellate Term.

November 9, 1900.)

Headnote

Action by Edward O. Amer and another against John Folk and another. From a judgment and order of the general term of the city court ( 65 N. Y. Supp. 1127 ) affirming a judgment for plaintiffs, defendants appeal.

Affirmed.

Hastings & Gleason, for appellants. Blumensteil & Hirsch, for respondents.

The only question in this case was whether there had been an accord and satisfaction between the parties. This issue was submitted to the jury by a charge which correctly followed the opinion delivered when this case was here on a former appeal. Amer v. Folk, 28 Misc. Rep. 508 , 59 N. Y. Supp. 532 . The evidence was conflicting, and amply supported the judgment rendered against the defendants. The order denying the defendants’ motion to set aside the verdict is not appealable to this court. Judgment affirmed, with costs.

Cases cited

Amer v. Folk 28 Misc. Rep. 508 N.Y. App. Term 1899-07-28 p. 1125