Legal Opinion
Wilson v. Gotham Instrument Co.
New York Supreme Court
Decided December 1, 1950Published
1Opinion of the CourtHallinan, J.
The defendant, in an action on an account stated, interposed the defense that 44 the purported account stated * * * is void for want of any consideration whatsoever.” It also asserted a counterclaim for at least $3,970 as damages for the plaintiff’s failure to supervise the installation and the service after installation of certain instruments manufactured and sold by the defendant to a third party. The defendant has now moved for judgment on the pleadings dismissing the complaint 44 upon the ground that the defense of lack of consideration is sufficient as a matter of law to defeat the…
2Cases cited14 opinions
- Cohen v. Bartgis Bros.Appellate Division of the Supreme Court of the State of New York · 1942
- Cohen v. Bartgis Brothers CompanyNew York Court of Appeals · 1943
- Martocci v. Greater New York Brewery, Inc.New York Court of Appeals · 1950
- Harmon v. Alfred Peats Co.New York Court of Appeals · 1926
- Litkind v. WardAppellate Division of the Supreme Court of the State of New York · 1939
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