Bove v. Croton Falls Construction Co.
New York Supreme Court
' Appeal by plaintiff from an order of the City Court of the city of New York, setting aside a verdict in favor of plaintiff for $1,581.49 together with interest.
1Opinion of the CourtSeabury, J.
This action is upon an account stated. The account consisted of a large number of items. The total amount was stated to be $1,697.49. The items of the account were not correctly added, and should have been stated to be $1,581.49, instead of $1,697.49. The evidence shows that the parties went over the account item by item, and agreed upon each item, and acting upon the belief that the sum of the several items had been correctly stated, abalance of $1,697.49 was struck.. Upon the trial the error in addition was discovered, and the jurors, after deliberating upon the issues asked the court if…
2Cited by1 opinion
- Bove v. Croton Falls Construction Co.City of New York Municipal Court · 1913