Spellman v. . Muehlfeld
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 6, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The testimony showed an account stated between the plaintiff and the .company.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 6, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The testimony showed an account stated between the plaintiff and the .company. (Lockwood v. Thorne, 18 N. Y. 285; Volkening v. De Graaf, 81 N. Y. 268; Stenton v. Jerome, 54 N. Y. 480; Schutz v. Morette, 146 N. Y. 137; Knickerbocker v. Gould, 115 N. Y. 533; Harvey v. W.…
1Opinion of the Court
Parker, Ch. J.
Plaintiff, as receiver of a corporation of which defendant was formerly president, sought to recover upon an account stated. After the testimony was all in the trial court dismissed the complaint and the Appellate Division, in affirming the judgment entered thereon, held that the plaintiff had failed to establish a cause of action. With such determination there would be no opportunity for quarrel provided it was necessary in order to make out the plaintiff’s case that he should show an express assent to the correctness of the account. The case has heretofore been considered…
2Cases cited4 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- Volkening v. . DegraafNew York Court of Appeals · 1880
- Nostrand v. . DitmisNew York Court of Appeals · 1891
3Cited by24 opinions
- Curry v. MacKenzieNew York Court of Appeals · 1925
- Newburger-Morris Co. v. . TalcottNew York Court of Appeals · 1916
- Jim-Mar Corp. v. Aquatic Construction, Ltd.Appellate Division of the Supreme Court of the State of New York · 1993
- Kramer, Levin, Nessen, Kamin & Frankel v. AronoffDistrict Court, S.D. New York · 1986
- Milstein v. Montefiore Club of Buffalo, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
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