Kinch v. Moadinger
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the defendants, rendered in the Municipal Court of the city of New York, borough of Manhattan, for the tenth district.
1Opinion of the CourtLeventritt, J.
An agreement was entered into between the parties, both proprietors of livery stables, providing for the reciprocal use of their respective horses and carriages as the exigencies of the business of each should require. Whatever balance of in*779debtedness should result from such mutual accommodation should be discharged by the debtor furnishing further livery hire equal in value to such balance. Ho payment in money was contemplated.
That course of dealing was pursued during four years, the account standing now in favor of the one, now in favor of the other. The differences were never liquidated.…
2Cases cited3 opinions
- Battle v. . the Rochester City BankNew York Court of Appeals · 1849
- The Long Island R.R. Co. v. . VerreeNew York Court of Appeals · 1877
- Burrall v. JacotNew York Supreme Court · 1847
3Cited by1 opinion
- Carr v. StocktonSupreme Court of Florida · 1922