Sandel v. Sommers
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George H. Sandel, from a judgment of the County Court of Erie county in favor of the defendant, entered in the office of the clerk of said county on the 24th day of June, 1908, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 29th day of June, 1908, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J.:
Each of the parties to this action set up affirmative claims against the other, but the only one which requires attention is the plaintiff’s *538claim for a balance upon a mutual account' between the parties, running from September 1, 1892, to October 29, 1903, since it seems to' ' be concéded, or at least is not disputed, that the other claims are barred by the Statute of Limitations.
The plaintiff’s testimony and the corroborating circumstances make it reasonably clear that on the 5th day of August, 1899, the parties went over the account, and that there was then a balance found due…
2Cases cited2 opinions
- Green v. . DisbrowNew York Court of Appeals · 1879
- Van Name v. BarberAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Miller v. LongshoreAppellate Division of the Supreme Court of the State of New York · 1911
- Telsey v. Jabil Realty Co.Appellate Division of the Supreme Court of the State of New York · 1954