William Gardam & Son v. Batterson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 15, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exclusion of the Beadnell letters was reversible error.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 15, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exclusion of the Beadnell letters was reversible error. (McKay v. Meyers, 168 Mass. 312; Trotter v. Maclean, L. R. [13 Ch. Div.] 574; Dana v. Kemble, 19 Pick. 112; 1 Greenl. on Ev. § 40; Pritt v. Fairclough, 3 Camp. 305; Union Bank v. Stone, 50 Me. 595; Boyer v.…
1Opinion of the CourtGray, J.
This action was brought by the plaintiff to recover a balance claimed to be due from the defendant upon ail account, alleged to have been stated between them for the value of work done and materials furnished by the former. The defendant denied the claim of the plaintiff and set up a counterclaim for damages; but, at the trial, he withdrew his counterclaim and the sole issue, upon which evidence was given, or offered, and which was submitted to the jury, was whether there had been an account stated. The question was whether there had been an agreement between the two partiés fixing the amount…
2Cases cited1 opinion
- Hastings v. Brooklyn Life InsuranceNew York Court of Appeals · 1893
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- Ryan v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1972
- Prudential Trust Co. v. HayesMassachusetts Supreme Judicial Court · 1924
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