Barker v. Hoff
New York Supreme Court
The action was brought to recover for commissions and expenses earned and incurred by Smith Barker, the plaintiff’s intestate, as trustee of the estate of John Pentz, deceased. The answer set up an account stated, made and rendered by the plaintiff, and full and complete payment and satisfaction.
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The action was brought to recover for commissions and expenses earned and incurred by Smith Barker, the plaintiff’s intestate, as trustee of the estate of John Pentz, deceased. The answer set up an account stated, made and rendered by the plaintiff, and full and complete payment and satisfaction. The plaintiff replied, alleging that, at the request of the defendant, and to induce one Sylvanus Townsend to consent to act as trustee of the estate of John Fentz, he made up and signed the statement of account set up in the answer, but that it was made not as a final settlement, but to show to said…
1Opinion of the CourtLawrence, J.
— The general term of this court, in reversing the judgment rendered at the special term on the first trial of this action, held that the defendant was not entitled to judgment on the pleadings, and that if the account “was not given as an account stated, the accounts are still open; and if it was under the forms of pleading adopted, and the allegations made, the plaintiff is remediless in this action.”
Since this intimation of the opinion of the general term, as to the effect of the pleadings, this cause has been tried before me, and the circumstances under which the account relied upon by…
2Cited by3 opinions
- Tate v. GairdnerSupreme Court of Georgia · 1903
- Robbins v. DowneyNew York Court of Common Pleas · 1892
- Anderson v. AndersonUtah Supreme Court · 1902