Stocking v. Seed Filter & Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Seed Filter and Manufacturing Co., Inc., from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 22d day of May, 1916, affirming a judgment of the City Court of the City of New York in favor of the plaintiff, and also from an order denying' defendant’s motion for a new trial.
Read the full summary
Appeal by the defendant, Seed Filter and Manufacturing Co., Inc., from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 22d day of May, 1916, affirming a judgment of the City Court of the City of New York in favor of the plaintiff, and also from an order denying' defendant’s motion for a new trial. An appeal is also taken from the original judgment and order of the City Court, and from the. judgment of affirmance of said court, entered pursuant to the determination of the Appellate Term.
1Opinion of the Court
Dowling, J.:
The plaintiff has recovered a judgment upon an alleged balance of $1,601.67, claimed to be due bim upon an account stated with the defendant. Upon the trial it was developed that the account stated represented the amount with which plaintiff was credited upon the books of the defendant company (and by a written memorandum made by its president) as the difference between salary received by bim while in the defendant’s service and a higher amount which it was thought he was entitled to receive.
The plaintiff was employed by the defendant in August, 1904, as manager at a salary of…
2Cases cited3 opinions
- Bauer v. AmbsAppellate Division of the Supreme Court of the State of New York · 1911
- Austin v. WilsonSuperior Court of Buffalo · 1890
- Kent v. WilsonAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by6 opinions
- Chisholm-Ryder Co. v. Sommer & SommerAppellate Division of the Supreme Court of the State of New York · 1980
- Boyd v. MerzCourt of Appeals for the Second Circuit · 1930
- Gordon Stores Co. v. RubinNew Mexico Supreme Court · 1935
- Burroughs Adding Machine Co. v. HosackAppellate Division of the Supreme Court of the State of New York · 1928
- Pontin Lighterage Co. v. American Export Lines, Inc.District Court, E.D. New York · 1954
1 more not listed; retrieve them via the Exa API.