Kerr v. . McGuire
New York Court of Appeals
Appeal from a judgment of the Supreme Court, entered on the report of a referee. The action was brought to recover a balance of account alleged to be due to the plaintiff's testator for a large quantity of goods and merchandise purchased prior to the 3d day of August, 1861. The plaintiff's bill of' particulars showed the claim to be for a balance of an entire account extending through a period of four months, viz.
Read the full summary
Appeal from a judgment of the Supreme Court, entered on the report of a referee. The action was brought to recover a balance of account alleged to be due to the plaintiff's testator for a large quantity of goods and merchandise purchased prior to the 3d day of August, 1861. The plaintiff's bill of' particulars showed the claim to be for a balance of an entire account extending through a period of four months, viz. April, May, June and July, 1861. The defendant claimed to have paid the whole amount mentioned in the-bill of particulars, except $20. The questions to be reviewed arose on…
1Opinion of the CourtWright, J.
The answer of the defendant admitted the purchase from the plaintiff’s testator of the ale, beer and stock ale mentioned in the complaint, and in the bill of particulars furnished by the plaintiff, but alleged that he had paid the deceased in his life time for all of the same, except a balance of about twenty dollars. No issue was raised by the pleadings except the single one of payment. The allegation in the answer that the price of the goods set out in the bill of particulars was more than the defendant agreed to pay the testator, and his denial of the charges, as therein stated, are not…
2Cited by4 opinions
- Gaunt v. Ralston Purina Co.Court of Appeals for the Eighth Circuit · 1912
- Rheinfeldt v. DahlmanAppellate Terms of the Supreme Court of New York · 1897
- Mechanic's Lien of Boland v. SokolskiNew York Supreme Court · 1907
- Wright v. HicksAppellate Division of the Supreme Court of the State of New York · 1901