Legal Opinion

Bauer v. Ambs

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

Decided April 21, 1911PublishedCited by 9 opinions

Appeal by the defendant, Augusta Ambs, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of plaintiff, rendered on the 27th day of September, 1910, in an action on an account stated.

1Opinion of the Court

Rich, J.:

The complaint alleges that an account was stated between the plaintiff’s assignor and defendant, and that upon such statement the sum of $340.20 was found to be due from defendant to said assignor, which, although demanded, was unpaid. The answer denies each and every allegation of the complaint.

The principles applicable to an account stated are well settled. It must be based bn previous transactions out of which the indebtedness arose ; the relation of debtor and creditor must exist between the parties as to the items forming the account, and all of them. Such an account cannot be…

2Cited by9 opinions

  1. Gurney, Becker & Bourne, Inc. v. Benderson Development Co.New York Court of Appeals · 1979
  2. Stocking v. Seed Filter & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1916
  3. Brauer v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1914
  4. Postler & Jaeckle Corp. v. County of Monroe Industrial Development AgencyNew York Supreme Court · 1992
  5. Gurney v. Benderson Development Co.Appellate Division of the Supreme Court of the State of New York · 1978

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API