Opinion · Nylaw New York

BAYLES v. OVERTON ELECTRIC COMPANY, 179 App. Div. 916 (1917)

THOMAS N. BAYLES, Appellant, v. OVERTON Elec. Co., Respondent., 179 A.D. 916 (Appellate Division of the Supreme Court of New York, Second Department. 1917)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1917-01-01
Topic: general

BAYLES v. OVERTON ELECTRIC COMPANY, 179 App. Div. 916 (1917) THOMAS N. BAYLES, Appellant, v. OVERTON ELECTRIC COMPANY, Respondent.Appellate Division of the Supreme Court of New York, Second Department.

Citator

UpLaw has not yet analyzed BAYLES v. OVERTON ELECTRIC COMPANY, 179 App. Div. 916 (1917). The absence of a flag is not a finding that it is good law.

BAYLES v. OVERTON ELECTRIC COMPANY,179 App. Div. 916(1917)

THOMAS N. BAYLES, Appellant, v. OVERTON ELECTRIC COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

June, 1917.

Judgment of the County Court of Suffolk county affirmed, with costs, upon the ground that there was a full accord and satisfaction by deducting the entire purchase price of the four poles and remitting the balance due by check that showed on its face that it was in full payment. In such case it was not error to reject evidence that the defendant had used the poles. If defendant has not accepted the poles and has deducted the price for them, and if the defendant has used them or has or should convert them to its own use, it may be liable in another action, but not in this. Jenks, P.J., Thomas, Stapleton, Mills and Rich, JJ., concurred.