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Cohn v. Marx

Supreme Court — Appellate Term
May 1, 1898
23 Misc. 763 (N.Y. App. Term 1898)

Opinion

May, 1898.

Ezekiel Fixman, for appellants.

A.E. Hagemann, for respondent.


In support of the counterclaim for materials claimed to have been furnished by the defendants to the plaintiff, a book kept by the former, containing entries of sundry articles of merchandise, and a cash payment of $10, opposite thereto, was admitted in evidence upon the defendants' offer. The plaintiff, in rebuttal, testified that said sum was deducted from his earnings by the defendants for shoes sold and delivered, and upon his offer, certain bills rendered by the latter for such sales were admitted in evidence and marked Plaintiff's Exhibit No. 1. These bills are not attached to the return, as they should be, and hence a reargument must be ordered, the return to be amended meanwhile by annexing thereto said exhibit.

Present: BEEKMAN, P.J., GILDERSLEEVE and GIEGERICH, JJ.

Reargument ordered, return to be amended.


Summaries of

Cohn v. Marx

Supreme Court — Appellate Term
May 1, 1898
23 Misc. 763 (N.Y. App. Term 1898)
Case details for

Cohn v. Marx

Case Details

Full title:HARRY COHN, Respondent, v . FERDINAND MARX et al., Appellants

Court:Supreme Court — Appellate Term

Date published: May 1, 1898

Citations

23 Misc. 763 (N.Y. App. Term 1898)