Eckert v. Clark
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the District Court in the city of New York for the First Judicial District, in the plaintiff’s favor. Action for money had and received to the use of the plaintiff.
1Opinion of the CourtBischoff, J.
The action was for money had and received to the use of the plaintiff, the claim-being admitted by stipulation in the record, as follows.: “ It is stipulated herein, and the defendant admits, that he has received to the use of this plaintiff the sum of $82.50 which the defendant'received on or about the 1st day ' of ..February, 189.5, and which he now holds for the plaintiff herein, being plaintiff’s share in the interest of defendant in the firm of Plyer & Clark, for the month of January, 1895.” The issue litigated .was solely .as-'to the defendant’s counterclaim for services. "
- Upon the…
2Cases cited4 opinions
- Bank of British North America v. DelafieldNew York Court of Appeals · 1891
- First National Bank v. WoodNew York Court of Appeals · 1891
- Eckert v. ClarkNew York Court of Common Pleas · 1895
- Bingham v. TuttleNew York Supreme Court · 1894