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William B. Harris Co. v. Kirchofer

99 N.Y.S. 1151 Court N.Y. App. Term Decision date 1906-06-01 English

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p. 1151
WILLIAM B. HARRIS CO., Appellant, v. KIRCHOFER et al., Respondents.
(Supreme Court, Appellate Term.
June 1, 1906.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by the William B. Harris Company against Louis P. Kirchofer and another. From a judgment for defendants, plaintiff appeals.
Reversed and remanded.
Alfrd R. Bunnell, for appellant.
Maurice M. Greenstein, for respondents.

In affirming this judgment we were led to believe that the admission in the answer by the defendants of a liability to the plaintiff and a tender of the admitted amount due had been followed up by a payment of such amount into court. It now appears that such was not the fact, and therefore the judgment should have been reversed. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.