John Klein Wagon Works v. Hencken-Willenbrock Co.
New York Supreme Court
Appeal by defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of "New York, second district, borough of the Bronx.
1Opinion of the CourtPage, J.
This action was brought for work, labor and services rendered and materials furnished in and about the repairs of certain wagons and the supply of certain repair parts between October, 1902, and ¡November 9, 1905. The action was commenced on June 23, 1909. The defendant pleads the Statute of Limitations. The plaintiff contends that a payment of twelve dollars made in ¡November, 190-5, was sufficient to take any of the items included in the account out of the Statute of Limitations. The trial judge apparently adopted this view. This was error. This was not a mutual, open and current account,…
2Cases cited1 opinion
- Lowenthal v. ResnickAppellate Terms of the Supreme Court of New York · 1908