Camacho v. Cruz

BRONX COUNTY
Creditors and Debtors Rights

, New York Law Journal

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Judge Ruben Franco

Camacho sought to recover the price of an engagement ring purchased by Cruz for Camacho with her own credit card. The parties, and two others agreed that purchases made on the cruise they were all on would be made on Camacho's card, and she would be repaid by each person thereafter. Cruz used Camacho's card to buy an engagement ring for her, but took the ring back after the cruise believing she was unfaithful. Camacho now sought to recover the amount representing the charge on her card for the ring. The court noted, generally, Cruz would not have to return the ring, nor refund its value if he paid for it. It stated by alleging he paid for the ring, Cruz acknowledged his obligation to do so. However, the court found Cruz did not pay for the ring. It noted Cruz gave Camacho approximately $2,500 from winnings at the casino, claiming same was intended as reimbursement for the ring, yet, the payment was made to Camacho before the ring was purchased. Thus, the court ruled such payments were intended to cover overcharges on another of Camacho's cards, and payment for items charged on her card for Cruz's personal use. Thus, it awarded Camacho $2,200 plus disbursements and interest.

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