Legal Opinion

Forbes v. Wheeler

City of New York Municipal Court

Decided December 15, 1902Published

Appeal from a judgment, entered upon the decision of the trial justice in a trial had before him without a jury.

1Opinion of the CourtSeabury, J.

This is an appeal from a judgment, entered in favor of the plaintiff on the decision of the trial justice before whom the case was tried without a jury. The action was upon an account stated and the contention of the defendant is that the evidence did not prove the existence of such an account. The complaint alleges that during the life of George A. Wheeler, the plaintiff loaned and advanced to him various sums of money, and that Wheeler made several payments on account of the sums so advanced and that an account was stated between the plaintiff and Wheeler, and that upon said statement a…

2Cases cited4 opinions

  1. Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
  2. Dutcher v. PorterNew York Supreme Court · 1871
  3. Treadwell's v. AbramsNew York Supreme Court · 1857
  4. De Mott v. BensonNew York Court of Chancery · 1844

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