Field v. . Munson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming judgment in favor of plaintiff, entered upon the report of a referee. The action was for a balance due on account. The answer set up a counterclaim that defendant delivered to plaintiffs a quantity of starch, which they agreed to sell for cash and account for avails; that they sold, but have not accounted. The facts sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming judgment in favor of plaintiff, entered upon the report of a referee. The action was for a balance due on account. The answer set up a counterclaim that defendant delivered to plaintiffs a quantity of starch, which they agreed to sell for cash and account for avails; that they sold, but have not accounted. The facts sufficiently appear in the opinion. Parol evidence not admissible to vary, alter and contradict the written communications. (Parsons v. Miller, 15 Wend., 561.) Defendant’s…
1Opinion of the CourtAllen, J.
Ho question is presented by the report of the referee and the exceptions thereto. He finds an indebtedness from the defendant to the plaintiffs, for goods sold and for interest thereon, and the expenses of a protest of defendant’s bill for a specific sum, and that the defendant was entitled to be credited with certain sums, leaving a balance, at the date of the report, of $236.61; and, as a conclusion of law, he reported that the plaintiffs were entitled to judgment, for the balance found due with the costs. There was evidence undisputed of the indebtedness; and the judgment necessarily…
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