Carpenter v. Nickerson
New York Court of Common Pleas
Appeal by the defendant from an interlocutory order made at special term by Judge Larremore, directing an accounting by the defendant of the proceeds of certain goods sold by the defendant for the account of the plaintiff. The question litigated was, whether there had been an account stated between the plaintiff and the defendant. The evidence which it was claimed by the defendant showed an account stated is set forth in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
This case rested upon the testimony of the plaintiff and defendant, which was, to a large extent, conflicting, for all that the defendant’s clerk swore to in respect to the account was, that he made out the account marked Exhibit No. 2, and delivered it, as he thought, to the plaintiff, but was not positive, and that he had no recollection that he saw the plaintiff afterwards.
So far as the plaintiff and the defendant are in conflict, their respective credibility was for the consideration of the judge who tried the cause ; and as he saw the two witnesses and…
2Cases cited1 opinion
- Rouse v. WhitedNew York Court of Appeals · 1862