Compton v. Bowns
New York Court of Common Pleas
Appeal from city court, general term. Action by Oscar Compton against Henry E. Bowns on an account for balance of commissions on sales of cargoes of coal for defendant. The last debit item of the account was dated August 18, 1881. Subsequently payments were made by defendant on the account, the last payment being made June 7, 1882. The action was begun June 7, 1888. Judgment for plaintiff was given on the verdict of the jury.
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Appeal from city court, general term. Action by Oscar Compton against Henry E. Bowns on an account for balance of commissions on sales of cargoes of coal for defendant. The last debit item of the account was dated August 18, 1881. Subsequently payments were made by defendant on the account, the last payment being made June 7, 1882. The action was begun June 7, 1888. Judgment for plaintiff was given on the verdict of the jury. From a judgment of the general term of the city court (22 27. Y. Supp. 920) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals.
1Opinion of the CourtPryor, J.
Upon the conclusion of plaintiff’s evidence, the defendant moved to dismiss the complaint, on the specific ground that the claim in suit was barred by the statute of limitations; and, again, at the close of the case, for the same reason, he requested the direction of a verdict in his favor. To enable us to determine whether, in denying the motions, the court below committed legal error, it is not necessary that the record should purport to contain all the evidence. Remsen v. Wheeler, (N. Y. App.) 24 N. E. Rep. 704; Halpin v. Insurance Co., 118 N. Y. 165, 23 N. E. Rep. 482. The exception to…
2Cases cited8 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Harper v. . FairleyNew York Court of Appeals · 1873
- Sands v. GelstonNew York Supreme Court · 1818
- Green v. . DisbrowNew York Court of Appeals · 1879
- Parsons v. ClarkMichigan Supreme Court · 1886
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3Cited by6 opinions
- Cashmar-King Supply Co. v. Dowd & KingSupreme Court of North Carolina · 1907
- Brill v. BrandtNew York Supreme Court · 1941
- In re GirvinDistrict Court, N.D. New York · 1908
- Lowenthal v. ResnickAppellate Terms of the Supreme Court of New York · 1908
- Fennell v. BlackAppellate Terms of the Supreme Court of New York · 1898
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