Sage v. Burton
New York Supreme Court
Appeal from circuit court, Albany county. Action by Henry W. Sage and others against David G. Burton to recover a balance on an account. From a judgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial, made on the minutes, plaintiffs appeal. Affirmed.
1Opinion of the CourtMayham, P. J.
This action was brought by the plaintiffs to recover the amount of the balance of an account accruing in favor of the plaintiffs for some kind of merchandise. The answer in effect admitted the accruing of the account and its correctness, but set up payment in the defendant’s check given by the defendant to ene Abbott on account of such indebtedness, payable to the order of the plaintiffs. Abbott had been for a long time in the employ of the plaintiffs, and was salesman for them, and at times collected accounts for them, and received checks of customers for accounts due the plaintiffs. He had…
2Cases cited1 opinion
- Carroll v. . SweetNew York Court of Appeals · 1891
3Cited by23 opinions
- Navrides v. Zurich InsuranceCalifornia Supreme Court · 1971
- Hutzler v. Hertz Corp.New York Court of Appeals · 1976
- McFadden v. FollrathSupreme Court of Minnesota · 1911
- Burstein v. SullivanAppellate Division of the Supreme Court of the State of New York · 1909
- Morrison v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1913
18 more not listed; retrieve them via the Exa API.