Legal Opinion

Van Name v. Barber

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1906PublishedCited by 6 opinions

Appeal by the defendant, Frederick T. Barber, from a judgment of the Municipal Court of the city of New York, borough of Richmond, rendered on the 31st day of July, 1905.

1Opinion of the Court

Rich, J.;

Action was brought to recover an unpaid balance of the purchase price for groceries and provisions alleged to have been sold and delivered by plaintiff’s intestate to defendant between the 19th day o.f October, 1896, and August 27, 1898. All of the items charged in the account accrued prior to August 28, 1898, and each *594of such charges was outlawed upon its face but for the fact that a cash payment of- ten dollars ■ was entered upon the Credit side of . such account under date of June 26,. 1899.

Upon the trial the plaintiff proved that one Coates, in the employ of his intestate during…

2Cases cited4 opinions

  1. In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
  2. Smith v. . VelieNew York Court of Appeals · 1875
  3. In re GladkeAppellate Division of the Supreme Court of the State of New York · 1899
  4. Sherman v. MatthieuAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by6 opinions

  1. San Francisco Teaming Co. v. GrayCalifornia Court of Appeal · 1909
  2. Sandel v. SommersAppellate Division of the Supreme Court of the State of New York · 1909
  3. New York Telephone Co. v. StateNew York Court of Claims · 1985
  4. Swan v. . WarnerNew York Court of Appeals · 1910
  5. Hock v. HockAppellate Division of the Supreme Court of the State of New York · 1921

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