Legal Opinion

Bry v. Lupton

U.S. Circuit Court for the District of Southern New York

Decided September 6, 1902Published

In Equity.

1Opinion of the Court

HAZEL, District Judge.

The allegations of fraud contained in the bill are not sustained by the proofs. The balance sheets presented to complainant, in view of the mistakes pointed out by his expert accountant, did not become an account stated. The complainant objected to each account when presented, giving as his reason that the balance sheet did not contain a true statement of the business. There was very little ground to the objection. •A few errors were discovered, however, and I do not think the statements were conclusive. The bill also alleges that the unsettled accounts between the…

2Cases cited1 opinion

  1. Kreager v. JuddUnited States Circuit Court · 1880

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