RUBINGER v. RIPPEY


201 Misc. 135 (1951)

Joshua Rubinger, Appellant, v. George Rippey, Respondent.

Supreme Court, Appellate Term, First Department.

November 1, 1951.


Attorney(s) appearing for the Case

Emanuel Redfield for appellant.

Paul M. Klein and Francis A. Armeny for respondent.

EDER and SCHREIBER, JJ., concur.


HECHT, J.

Action on a check which was returned by the bank for insufficient funds. The check of $500 was given as part payment at the time of signing a memorandum for the sale of a house. The memorandum contemplated a more formal contract to be entered into by the parties. The memorandum was signed, the check given to plaintiff on September 30th, a Saturday. On the following Monday the check was returned by plaintiff's bank. On that or the succeeding...

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