Dermer v. Barrett 235 N.Y. 588

Urcie Dermer, Respondent, v. William M. Barrett, as President of the Adams Express Company, Appellant.

Contract — action to recover for breach of alleged contract by defendant to procure and deliver foreign savings bank books showing deposit of certain sum to plaintiff’s credit.

Dermer v. Barrett, 202 App. Div. 828, affirmed.

(Argued March 9, 1923;

decided March 23, 1923.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1922, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff. The action was on contract. The complaint alleged: “ That on or about the 28th day of April, 1916, the plaintiff and defendant entered into an agreement whereby the plaintiff paid to the defendant $192.50, which the defendant received, and promised to procure for the plaintiff á Bank Book from the Government Postal Savings Bank at Vienna, of a certain amount of Kronen, being Austrian money denomination, and which was supposed to be an amount equivalent to the sum paid by the plaintiff to the defendant, less the defendant’s commissions. That the plaintiff has duly complied with the said agreement on his part, but that the said defendant violated said agreement, in that it failed and neglected to procure such a book for the plaintiff, whereby the plaintiff has sustained damage in the sum of One Hundred and ninety-two ($192) Dollars with interest from April 28th, 1916.”

Kenneth E. Stockton and George M. Billings for appellant,

Nathaniel Tonkin for respondent.