Carpenter v. . Kent
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of plaintiffs, entered upon an order made June 16, 1884, which overruled defendants’ exceptions and directed judgment on a verdict. (Reported below, 18 J. & S. 371.) This action was brought to recover back money alleged to have been paid and allowed by mistake on an adjustment of accounts between the parties. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of plaintiffs, entered upon an order made June 16, 1884, which overruled defendants’ exceptions and directed judgment on a verdict. (Reported below, 18 J. & S. 371.) This action was brought to recover back money alleged to have been paid and allowed by mistake on an adjustment of accounts between the parties. The material facts are stated in the opinion. The final payment made by the plaintiffs was not made upon an- account stated but was an accord and satisfaction. (Lockwood v. Thorne, 18 N. Y.…
1Opinion of the CourtEarl, J.
In the months of November and December, 1882, the defendants were commission merchants in the city of New York, and received from the plaintiffs, who were grain dealers in Chicago, consignments of grain for sale on their account, and honored their drafts against such consignments; and in those months these transactions amounted to upward of $60,000. In the last month, the defendants rendered their account to the plaintiffs, showing a balance due against them of $1,986.62. There was included in this account, as rendered, a charge against the plaintiffs for $1,550, as the amount of a draft…
2Cases cited1 opinion
- Bruen v. HoneNew York Supreme Court · 1848
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- White v. ThompsonCalifornia Court of Appeal · 1919
- First National Bank v. StansburyCalifornia Court of Appeal · 1923
- Russell & Co. v. StevensonWashington Supreme Court · 1904
- Adams v. GerigCalifornia Court of Appeal · 1914
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