Stone v. Cronin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bridget Cronin, individually and as administratrix of the estate of Michael Cronin, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 18th day of March, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of March, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Bridget Cronin, individually and as administratrix of the estate of Michael Cronin, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 18th day of March, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of March, 1901, denying the defendant’s motion for a new trial made upon the minutes. The action is brought to recover goods sold by the plaintiff’s intestate to the defendant.
1Opinion of the Court
Jenks, J.:
I think that the plaintiff did not meet the rule of Vosburgh v. Thayer (12 Johns. 461) and Smith v. Smith (163 N. Y. 168), and that, therefore, the admission of the books was erroneous. ' The several witnesses testify that they settled bills rendered to them, which the plaintiff testifies were correct copies of the books, but none of the witnesses testifies that he settled his account by the books. In Matter of McGoldrick v. Traphagen (88 N. Y. 334) “ several witnesses testified that they had settled their accounts with the respondent and found them honest and correct, but had never…
2Cases cited4 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Smith v. . SmithNew York Court of Appeals · 1900
- Snyder v. SloaneAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Bellows v. BenderAppellate Terms of the Supreme Court of New York · 1914
- Rathborne v. HatchAppellate Division of the Supreme Court of the State of New York · 1903