Fox v. Patachnikoff
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of blew York, borough of Manhattan, second district, rendered in favor of the defendant.
1Opinion of the CourtSeabuby, J.
This action was brought to recover upon an account stated between the plaintiff and- the defendant on January 8, 1907. The answer pleaded a general denial and the Statute of Limitations. The basis of the account was’ goods sold and. delivered by the plaintiff to the defendant, the last items having been sold and delivered on January 31, 190b. Two questions are presented for determination: First, does the evidence establish an account stated bétween the parties ? Second, if so, does the Statute of Limitations run from the date of the settlement of the account or from the date of the sale and…
2Cases cited4 opinions
- Volkening v. . DegraafNew York Court of Appeals · 1880
- Schutz v. . MoretteNew York Court of Appeals · 1895
- President of the Union Bank v. KnappMassachusetts Supreme Judicial Court · 1825
- Agan v. FileNew York Supreme Court · 1895