Low v. . Payne
New York Court of Appeals
Low sued Payne before a justice of the peace in assumpsit and recovered judgment for $23,36. The defendant carried the case by certiorari to the common pleas of Essex county, where the judgment was reversed. The supreme court on error brought reversed the judgment of the common pleas and affirmed that of the justice. The defendant then appealed to this court.
1Opinion of the CourtTaylor, J.
John H. Low, the respondent, being a country trader, sued Payne in assumpsit, to recover the balance of a book account, for goods sold to the defendant from his store, including also two items for cash as follows: “ 1840, June 6, paid J. W. Belknap 2,00.” “ 1841, May 21, paid J. W. Belknap 10,00.” The whole account of charges on the plaintiff’s book, including these two items, amounted to $124,26 ; against which the same books showed credits in favor of the defendant to the amount of $100,90, leaving a balance apparently due to the plaintiff of $23,36.
To sustain his case, the plaintiff…
2Cases cited3 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Oakley v. HornNew York Supreme Court · 1839
- Stafford v. Williams & KelloggNew York Supreme Court · 1847
3Cited by4 opinions
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- Taggart v. FoxNew York Court of Common Pleas · 1882
- Page v. HazeltonSupreme Court of New Hampshire · 1907
- Hughes v. Eastern Contracting Co.New York Supreme Court · 1937