129 N.Y.S. 1105 | City of New York Municipal Court | 1911
This action was submitted to the court for trial without a jury upon a stipulation as to the facts therein agreed upon. The stipulation provided that in March, 1910, an action was brought in this court, between the same parties hereto, to recover from the defendant the sum of $875, being the amount of a check made by the defendant to one E. W. Teschner and by him transferred to the plaintiff; that in that action the defendant duly interposed an answer in which the defense of gambling was interposed; that the case came on for trial in Part IV of this court on June 13, 1910'; that the said action" was settled by discontinuing the. same, and the defendant giving his check to plaintiff, dated August 2,1910, and drawn and made payable, just as the first check was, for the sum of $875, and that said second check is the check sued on in this action; that, when said check was presented for payment, payment was refused upon the ground of “ payment stopped;” “ that the original check, on which the first action was brought, was given in settlement of money lost by defendant at gambling, and in said first action the defense of gambling was set up as an affirmative defense.” 'Such is the substance of the stipulation, with the exception of the last
Judgment for plaintiff.