Britton v. . Scognamillo
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 25, 1924, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
1Opinion of the Court
Hiscock, Ch. J.
This action is founded upon what is alleged to have been an account stated and the answer is simply one of denial. The judgment dismissing the complaint rests upon a verdict directed after a motion made by each side for such direction. Therefore, the judgment must be affirmed if the verdict is sustained by any version either of the law or of the facts.
The plaintiff is the surviving partner of a firm of stockbrokers. As we shall assume, defendant’s testator was a customer and some time prior to April 1, 1913, had established a marginal account. On May 1st a statement of account…
2Cases cited7 opinions
- Volkening v. . DegraafNew York Court of Appeals · 1880
- Knickerbocker v. . GouldNew York Court of Appeals · 1889
- De Cordova v. . BarnumNew York Court of Appeals · 1892
- Thompson v. . BailyNew York Court of Appeals · 1917
- Kennedy v. BuddAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by5 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Woodbury Glass Co.Indiana Court of Appeals · 1918
- American Lithographic Co. v. Dorrance-Sullivan & Co.New York Court of Appeals · 1925
- Gordon v. ElderAppellate Division of the Supreme Court of the State of New York · 1938
- Britton v. ScognamilloNew York Court of Appeals · 1924
- In Re the Liquidation of National Surety Co.New York Court of Appeals · 1941