Johnson v. Tyng
Appellate Division of the Supreme Court of the State of New York
Motion for a new trial on exceptions, ordered to be heard in the first instance at the general term.
1Opinion of the CourtO’Brien, J.
The complaint set up two causes of action: (1) For work, labor, and services; and (2) upon an account stated, a copy of which account, marked “Schedule A," is annexed to the complaint, and made a part thereof, the items of which are as follows:
July 31,1884 To balance due on old account....... $331 56
April 30, 1885 “ “ “ “ April Acct....... 526 36
May 31 “ Acct. rendered for May.......... 981 59
June 30 “ “ “ “ June......... 876 20
July 31 . “ “ “ July......... 659 63
$8,372 34
The answer contained a general denial, and set up a counterclaim., The court below dismissed the counterclaim, and…
2Cases cited1 opinion
- Johnson v. TyngNew York Supreme Court · 1890