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Insky v. Machat

72 N.Y.S. 1108 Court N.Y. App. Term English

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p. 1108
INSKY, Respondent, v. MACHAT, Appellant.
(Supreme Court, Appellate Term.
June, 1901.)

Headnote

Action by Solomon Insky against Benjamin Machat.
M. M. Greénstein, for appellant. E. Rosenthal, for respondent. .

The infirmity in the trial, whereof this judgment is the result, is that there is no proof that defendant ever satisfied the debt after having reached majority. The only evidence is that he made a promise to one Schwartz in the summer of 1000. The defendant was bom June 5, 1879. So the promise may have been made prior to June 5, 1900. Judgment reversed, and new trial ordered, with costs to abide event.