Bottum v. Moore
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury and an order denying a motion for a new trial. The action was brought to recover $1,827, balance due plaintiffs for losses incurred in transactions in grain and corn speculations conducted by them for defendant. The complaint alleged an account stated on February 6th, 1883, with balance of $6,693 found due to plaintiffs.
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Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury and an order denying a motion for a new trial. The action was brought to recover $1,827, balance due plaintiffs for losses incurred in transactions in grain and corn speculations conducted by them for defendant. The complaint alleged an account stated on February 6th, 1883, with balance of $6,693 found due to plaintiffs. The answer sets up: 1. That defendant agreed to pay the said balance of $6,693 on representations of plaintiffs that the transactions…
1Opinion of the CourtJ. F. Daly, J.
[After stating the facts as above].—The plaintiffs made out their cause of action upon an account stated. They were only required to show that the account had been delivered and retained without objection, or to show such circumstances as justify an inference of assent to it (Stenton v. Jerome, 54 N. Y. 480; Quincey v. Young, 63 N. Y. 370,377). The plaintiffs proved a written promise of defendant and acknowledgment of indebtedness to the amount claimed, and the deposition of plaintiff Botturn proved the delivery of an account. The answer alleged the presentation of the account and the promise…
2Cases cited4 opinions
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Stenton v. . JeromeNew York Court of Appeals · 1873
- Tebo v. . RobinsonNew York Court of Appeals · 1885
- Quincey v. . WhiteNew York Court of Appeals · 1875
3Cited by5 opinions
- Spagna v. LichtAppellate Division of the Supreme Court of the State of New York · 1982
- Getto v. BinkertSupreme Court of Kansas · 1895
- Abbey v. MaceNew York Court of Common Pleas · 1892
- Mackay v. KahnNew York Court of Common Pleas · 1892
- Neilsen v. MayerAppellate Terms of the Supreme Court of New York · 1904