From Casetext: Smarter Legal Research

Evers v. Ostheimer

Supreme Court, Kings Trial Term
Feb 1, 1902
37 Misc. 163 (N.Y. Sup. Ct. 1902)

Opinion

February, 1902.

Herman H. Baker for plaintiffs.

George M. Osgoodby for defendant.


It is elementary that the payment of part does not satisfy the whole of a liquidated debt, although offered, accepted and receipted for in full (Ryan v. Ward, 48 N.Y. 204).

A verdict is directed for the plaintiffs.


Summaries of

Evers v. Ostheimer

Supreme Court, Kings Trial Term
Feb 1, 1902
37 Misc. 163 (N.Y. Sup. Ct. 1902)
Case details for

Evers v. Ostheimer

Case Details

Full title:JOHN H. EVERS et al., Plaintiffs, v . LOUIS G. OSTHEIMER, Defendant

Court:Supreme Court, Kings Trial Term

Date published: Feb 1, 1902

Citations

37 Misc. 163 (N.Y. Sup. Ct. 1902)
74 N.Y.S. 872

Citing Cases

Toohill v. New York Queens Gas Co.

If the circumstances show an employment which could only be terminated in the manner pointed out, the…

New York Telephone Co. v. Simon

A complaint for negligence must state the particular act or omission which constitutes that negligence. Evers…