Robbins v. Downey
New York Court of Common Pleas
Appeal from city court, general term. Action by Frank W. and Arthur J. Bobbins against Charles Downey on-an account stated. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtPryor, J.
The defense being simply a general denial, the only issue for trial was whether an account had been stated between the parties, (Field v. Knapp, 108 N. Y. 87, 14 N. E. Rep. 829; Barker v. Hoff, 52 How. Pr. 382; Fuller v. Board, 2 Kan. 445,) and, in fact, no other question was litigated or submitted to the jury. If there was sufficient proof by plaintiffs off an account stated, the verdict in their favor concludes the case in this court, no matter how strong the evidence to the contrary. But defendant’s contention is that it results, as a necessary inference of law from undisputed evidence,…
2Cases cited5 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Field v. . KnappNew York Court of Appeals · 1888
- Kinney v. HeatleyOregon Supreme Court · 1885
- Barker v. HoffNew York Supreme Court · 1876
- Fuller v. Board of CommissionersSupreme Court of Kansas · 1864
3Cited by1 opinion
- Fair v. MeveyNew York Supreme Court · 1898