Public-domain · open source
OpenJurist

32 Misc. 720

Carpenter v. Turk

Appellate Terms of the Supreme Court of New York · decided 1900-07-15

<p>Appeal from a judgment of the Municipal Court of the city of New York, eleventh district, borough of Manhattan.</p>

Decided 1900-07-15

Per Curiam.

¶1On December twelfth the plaintiff wrote defendant in substance, Exhibit F, that she believed that the balance due her on her account was fourteen dollars and fifty cents; this was in substance a statement by her memory of the account as it was on the date referred to. Upon the trial plaintiff failed, though interrogated about it, to explain the letter. In February, defendant sent plaintiff twenty-five dollars, and satisfactorily explained why he sent it. In view of the evidence referred to the judgment should have been in favor of the defendant; the plaintiff certainly did not prove her case by a fair preponderance of evidence.

¶2I believe that the judgment should be reversed, with costs.

¶3Present: Truax, P. J., and Dugro, J.

¶4Judgment reversed, with costs.

/32/misc/720 · .json · Public domain