Enskew v. Reise
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Ellen Enslcew against Mrs. John Reise. From a Municipal Court judgment for plaintiff,- defendant appeals.
1Opinion of the CourtSeabury, J.
The action was brought to recover $200 upon an account stated. The plaintiff testified in support of this claim. The defendant contradicted this testimony. The court below has awarded judgment for the plaintiff for $100.
There is no evidence to sustain the judgment. If the plaintiff’s testimony is true, she is entitled to recover judgment for the amount stated to be due in the account. If her testimony is untrue, she has failed to establish an account stated, and her complaint should have *907been dismissed. Upon the evidence presented, there is no justification for awarding the plaintiff one-half…
2Cited by1 opinion
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