Moss v. Lindblom
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph L. Moss, Jr., from an interlocutory judgment of the Supreme Court in favor of the defendant Robert Lindblom, entered in the office of the clerk of the county of New York on the 9th day of February, 1899, upon the decision of the court rendered after a trial at the New York Special Term sustaining said defendant’s demurrer to the complaint.
1Opinion of the Court
Rumsey, J.:
The action is upon an account stated.' The allegations of the complaint are that the defendants are non-residents and were copartners under the name of Robert Lindblom & Co., doing business as grain commission brokers. The complaint then continues as follows: “II. That on the first day of June, 1898, an account was stated between the plaintiff and defendants, and upon such statement a balance of one hundred and sixty-two 50/100 dollars, was found to be due from said defendants to this plaintiff, said account or statement being hereto annexed.
“ III. That no part thereof has been…
2Cases cited3 opinions
- Schutz v. . MoretteNew York Court of Appeals · 1895
- Allen v. . PattersonNew York Court of Appeals · 1852
- Heinrich v. EnglundSupreme Court of Minnesota · 1885
3Cited by6 opinions
- Steinmetz v. GrennonOregon Supreme Court · 1923
- Chittenden & Eastman Co. v. Leader Furniture Co.Arizona Supreme Court · 1921
- Kelly-How-Thomson Co. v. Merritt Development Co.Supreme Court of Minnesota · 1920
- Schuyler v. BoothNew York Supreme Court · 1902
- American Lithographic Co. v. Dorrance-Sullivan & Co.Appellate Division of the Supreme Court of the State of New York · 1925
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