Gruenberg v. Treanor
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment dismissing the complaint in the Municipal Court of the city of Rew York, eleventh district, borough of Manhattan.
1Opinion of the CourtGiegerich, J.
The pleadings in this case were in writing, from which it appears that the complaint sets up an indebtedness for goods sold and delivered, and for a second cause of action the plaintiff sues on an account stated.
The defendant in his answer admits the delivery of the goods, but denies an account stated, and for a further defense pleads that he has been duly discharged in bankruptcy, sets up the Statute of Frauds and pleads want of consideration.
On the trial the following facts appeared: That on the 25th day of June, 1902, the defendant owed the plaintiff $205, being the balance of an account…
2Cases cited5 opinions
- Depuy v. SwartNew York Supreme Court · 1829
- Dusenbury v. . HoytNew York Court of Appeals · 1873
- Jersey City Insurance v. ArcherNew York Court of Appeals · 1890
- Esselstyn v. . WeeksNew York Court of Appeals · 1855
- Scheper v. BriggsAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Tubbs v. McCabeSuperior Court of Delaware · 1933
- In Re ShepherdDistrict Court, D. Oregon · 1945
- Stern v. GerberAppellate Terms of the Supreme Court of New York · 1912