Legal Opinion

Gilbert v. Warren

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 4 opinions

' Appeal by the defendants, Charles J.' Warren and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Mew York on the 1st day of March, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2d day of March, 1900, denying the defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

Rumsey, J.:

The action was brought upon an account stated and practically admitted by the defendants. The defense, among other things, was that on the 1st day of January, 1883, Clarkson, plaintiffs’ testator, made an agreement with the defendants to loan them $50,000, and in .consideration thereof they agreed to pay him, in addition to the regular rate of interest, the sum of $4,000 a year, making interest for the amount of the loan at the. rate of fourteen per cent per annum; and that the amounts mentioned in the complaint and appearing to the credit of Mr. Clarkson on the defendants’…

2Cases cited4 opinions

  1. The Dry Dock Bank v. . the American Life Ins. and Trust Co.New York Court of Appeals · 1850
  2. Elmira Iron & Steel Rolling Mill Co. v. HarrisNew York Court of Appeals · 1891
  3. Bouker Contracting Co. v. ScribnerAppellate Division of the Supreme Court of the State of New York · 1900
  4. Gilbert v. WarrenAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by4 opinions

  1. Seeman v. Philadelphia Warehouse Co.Supreme Court of the United States · 1927
  2. Chakales v. DjiovanidesSupreme Court of Virginia · 1933
  3. K-ROM Construction Corp. v. Behling (In Re K-ROM Construction Corp.)District Court, S.D. New York · 1985
  4. Lewis v. GummerAppellate Division of the Supreme Court of the State of New York · 1991

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