Legal Opinion
Peck v. Bandell
New York County Courts
Decided August 4, 1937PublishedCited by 5 opinions
1Opinion of the Court
Wilson, Special County Judge.
This action is to recover a balance claimed to be due to plaintiffs from defendant on an account. Plaintiffs allege sales to defendant between September 18, 1928, and July 7, 1934, amounting to $1,542.85, and payments by defendant amounting to $1,220.96, and a balance due of $321.89. One of the defenses set up in defendant’s answer is full payment of account. Plaintiffs’ attorney served a demand for a bill of particulars as to the defense of payment under rule 115 of the Rules of Civil Practice. Defendant did not furnish the bill demanded and did not avail himself…
2Cases cited3 opinions
- Rosenzweig v. LarkinCity of New York Municipal Court · 1934
- In re the Estate of CatersonNew York Surrogate's Court · 1932
- Sutphin Park Realty Corp. v. KnowlesAppellate Division of the Supreme Court of the State of New York · 1929
3Cited by5 opinions
- Force v. Tracy Towing Lines, Inc.New York Supreme Court · 1947
- Aker v. KellyNew York Supreme Court · 1966
- Decker v. Norton, Lilly & Co.New York Supreme Court · 1960
- Rogers v. Merritt, Chapman & Scott Corp.New York Supreme Court · 1961
- Universal Metal Products Co. v. De-Mornay Budd, Inc.Appellate Division of the Supreme Court of the State of New York · 1949