Tuck v. Rottkowsky
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment rendered in favor of the defendant in the Municipal Court of the city of Hew1 York, eighth district, borough of Manhattan.
1Opinion of the CourtTruax, J.
The compláint should not have been dismissed. The action in the Municipal Court of the borough of Brooklyn was not an adjudication of the' question at issue in this action. That action was brought on an account stated. It is well settled that in such an action the only question to be determined is whether there has or has not been an acoount *387stated. Volkening v. DeGraaf, 81 N. Y. 268, and Derleth v. DeGraaf, 51 N. Y. Super. Ct. 369.
It was held in the case last above cited that a judgment against the plaintiff upon a cause of action founded on an account stated is not a bar to an action for…
2Cases cited1 opinion
- Volkening v. . DegraafNew York Court of Appeals · 1880
3Cited by1 opinion
- Liegey v. LiegeyAppellate Division of the Supreme Court of the State of New York · 1958