Weiss v. Wolff — 67 N.Y.S. 1150

Majority

p. 1150

WEISS, Appellant, v. WOLFF, Respondent.

(Supreme Court, Appellate Term.

December 31, 1900.)

Headnote

Action by Isaac Weiss against Louis E. Wolff. From a judgment in favor of ■defendant, plaintiff appeals.

Reversed.

S. Fleischmann, for appellant.

A. Solomon, for respondent.

The overwhelming weight •of evidence is in favor of the plaintiff’s contention that the payments made on and after April 3d were made on account of the indebtedness of Theresa Wolff and the Enterprise 'Company, and not on account of the indebtedness of the defendant Louis B. Wolff. In fact, there is no competent evidence that Theresa AVolff ever assumed the indebtedness of the •defendant to the plaintiff, while the evidence shows that she was indebted on her own account to the defendant. Judgment is reversed, •and a new trial ordered, with costs to the appellant to abide the event.