Field v. . Knapp
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in. and for the city and county of Mew York, entered upon an order made May 15, 1884, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtEael, J.
This action was brought to recover against the defendant the sum of $8,000 and upwards on an account stated. The plaintiff does not in her complaint allege any dealings between her and the defendant, or that any account in fact existed between her and him; bnt she simply alleges, in the most meagre way, that, an account was stated between her and him, and that upon such statement a balance of $8,206.29 was found to be due to her. The answer is a general denial. The case was tried before a referee, and in his report he does not find that there had ever been any dealings between the plaintiff…
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