Stettheimer v. . Killip
New York Court of Appeals
Appeal from judgment of' the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. If the sale was made upon the statement of accounts by Brown his statement became an account stated and the parties bound thereby. (L. R., 4 Ex.
Read the full summary
Appeal from judgment of' the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. If the sale was made upon the statement of accounts by Brown his statement became an account stated and the parties bound thereby. (L. R., 4 Ex. Cas., 189.) Gross negligence is presumed when a man is ignorant of his own affairs. (1 Kerr on Mistake, 405, 406.) The adjustment was final and the payment voluntary and paid under a claim…
1Opinion of the CourtMiller, J.
The plaintiff brings this action for an accounting in reference to certain co-partnership accounts of the plaintiff, his two sons, the defendant, Tamblingson, and James S. Killip, deceased, who is represented by defendant Louisa J. Killip, his administratrix. The co-partnership existed between the parties for two years prior to the 1st day of January, 1873, in the clothing business, in the city of Bochester ; and at or about the last named day, the plaintiff purchased all the interests of the said defendants, upon terms which were mutually agreed upon. The plaintiff claims an accounting, to…
2Cases cited1 opinion
- Etting v. Bank of United StatesSupreme Court of the United States · 1826
3Cited by9 opinions
- Mandel v. LiebmanNew York Court of Appeals · 1951
- Hanriot v. SherwoodSupreme Court of Virginia · 1884
- Northwest Thresher Co. v. McNinchSupreme Court of Oklahoma · 1914
- Wood v. BoyntonWisconsin Supreme Court · 1885
- In re the Estate of BechtoldtNew York Surrogate's Court · 1936
4 more not listed; retrieve them via the Exa API.