Legal Opinion

Slayback v. Alexander

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

Decided November 9, 1917PublishedCited by 7 opinions

Submission of a controversy upon an agreed statement of - facts pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Laughlin, J.:

On the stipulated facts the plaintiff claims the right to recover the sum of $1,015.71, the amount of defendant’s indebtedness to him as shown by an account rendered on *697the 1st day of March, 1913, together with interest thereon from that date. Defendant claims that the account so rendered did not constitute an account stated and that the cause of action which on the facts stipulated plaintiff once had, is barred by the Statute of Limitations. The point presented for decision is whether there was an account stated between the parties on the 1st day of March, 1913, as claimed by…

2Cases cited4 opinions

  1. Lockwood v. . ThorneNew York Court of Appeals · 1854
  2. Knickerbocker v. . GouldNew York Court of Appeals · 1889
  3. Delabarre v. McAlpinAppellate Division of the Supreme Court of the State of New York · 1905
  4. Daintrey v. EvansAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by7 opinions

  1. Toth v. MansellAppellate Court of Illinois · 1991
  2. Robinson v. MillerAppellate Division of the Supreme Court of the State of New York · 1924
  3. Joseph Gaier, P. C. v. IveliAppellate Division of the Supreme Court of the State of New York · 2001
  4. Siepka v. BogulskiNew York Supreme Court · 1937
  5. Kramer Levin Naftalis & Frankel, LLP v. Metropolitan 919 3rd Avenue, LLCNew York Supreme Court · 2004

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