Hyperlawhypertext legal database Block v. Nathanson 92 N.Y.S. 1116

← Cases

Block v. Nathanson

92 N.Y.S. 1116 Court N.Y. App. Term Decision date 1905-01-23 English

Delivered by SCOTT, J.

Contents

Majority

p. 1116
BLOCK, Respondent, v. NATHANSON, Appellant.
(Supreme Court, Appellate Term.
January 23, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Thirteenth District. Action by Charles Block against Jacob Nathanson. Judgment for plaintiff, and defendant appeals. Reduced and affirmed. McKee & Frost, for appellant. Max Schleimer, for respondent.

The pleadings were oral. Defendant’s plea as returned was: “General denial. Demand bill. Admit $11.40.” After judgment the defendant moved, not to vacate the judgment absolutely,' but to modify and reduce it to $13.40. The whole course of appellant, throughout the trial and after, seems to indicate that he. admitted his indebtedness for a_ proportionate past of the monthly rent, for his use and occupation of the premises, and that he intended to qualify his general denial by that admission. The judgment should be reduced to $13.40, and, as reduced, affirmed, without costs. All concur.