The overwhelming weight •of evidence is in favor of the plaintiff’s contention that the payments made on and after April 3d were made on account of the indebtedness of Theresa Wolff and the Enterprise 'Company, and not on account of the indebtedness of the defendant Louis B. Wolff. In fact, there is no competent evidence that Theresa AVolff ever assumed the indebtedness of the •defendant to the plaintiff, while the evidence shows that she was indebted on her own account to the defendant. Judgment is reversed, •and a new trial ordered, with costs to the appellant to abide the event.
67 N.Y.S. 1150
WEISS, Appellant, v. WOLFF, Respondent.
(Supreme Court, Appellate Term.
December 31, 1900.)
Action by Isaac Weiss against Louis E. Wolff. From a judgment in favor of defendant, plaintiff appeals.
Reversed.
S. Fleischmann, for appellant.
A. Solomon, for respondent.
Weiss v. Wolff
67 N.Y.S. 1150
Case Details
67 N.Y.S. 1150
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