Legal Opinion

Marvin v. Goldhurst

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

Decided April 15, 1929PublishedCited by 2 opinions

1Opinion of the Court

Order and judgment entered thereon reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In an action upon an account stated the plaintiff is not entitled to judgment under rule 113 of the Rules of Civil Practice when the answer generally denies the allegations of the complaint and the defendant’s affidavit in opposition to the motion to strike out the answer and for judgment shows that an issue of fact as to whether there was an account stated is presented. Lazansky, P. J., Rich, Kapper, Carswell and Seudder, JJ., concur.

2Cited by2 opinions

  1. Gravel Products Division of Buffalo Crushed Stone Corp. v. Sunnydale Acres, Inc.New York Supreme Court · 1958
  2. Sundure Paint Corp. v. Nursery Crafters, Inc.City of New York Municipal Court · 1948