Volkening v. . Degraaf
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendants entered upon an order dismissing complaint on trial.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendants entered upon an order dismissing complaint on trial. (Reported below, 12 J. & S. 424.) The complaint in this option, as a second cause of action, which was the only bill in,question, set up an account alleged to have beeh stated between Derleth Brothers, plaintiff’s assignors, and the defendants, on the 28th day of November, 1874. The following facts appeared upon the trial: Prior to the time specified, Derleth Brothers had had numerous dealings with the…
1Opinion of the Court
Folger, Ch. J.
It appears from the proof, and was conceded on the argument, that the claim set forth in the complaint for a second cause of action has been fully paid and satisfied. There is in dispute in the case only the claim set forth in the complaint as the first cause of action. That is strictly a cause of action on an account stated. It is that. and nothing else. To maintain the action as averred in the complaint, the plaintiff must prove an account stated; that and nothing else will support his allegations. An account stated is an account balanced and rendered, with an assent to the…
2Cases cited3 opinions
- Bate v. . GrahamNew York Court of Appeals · 1854
- Stenton v. . JeromeNew York Court of Appeals · 1873
- Mandeville and Jamesson v. WilsonSupreme Court of the United States · 1809
3Cited by62 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Interman Industrial Products, Ltd. v. R. S. M. Electron Power, Inc.New York Court of Appeals · 1975
- Newburger-Morris Co. v. . TalcottNew York Court of Appeals · 1916
- Daube v. United StatesSupreme Court of the United States · 1933
- Parker Chapin Flattau & Klimpl v. Daelen Corp.Appellate Division of the Supreme Court of the State of New York · 1977
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