Wisner v. Consolidated Fruit Jar Co.
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, The Consolidated Fruit Jar Company,, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 9th day of August, 1897, upon the decision of the court, rendered after a trial at the Monroe Special Term, overruling the defendant’s demurrer to the complaint on the sole ground that it. does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Follett, J.:
The complaint alleges but one count. Its draughtsman evidently-entertained the idea that he was setting forth facts constituting an equitable cause of action for an accounting, but in this he was in error.
An equitable action for an accounting cannot be maintained by a a vendee of goods, who has paid money from time to time on the account, against his vendor to ascertain the state of the account, and the fact that the prices for all or some of the goods sold were not agreed upon does not change the rule.
The facts alleged show that for several years before this action was-begun the…
2Cases cited5 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Bockes v. . LansingNew York Court of Appeals · 1878
- Dalton v. VanderveerNew York Supreme Court · 1894
- Fitzsimons v. DroughtAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by16 opinions
- Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903
- Consolidated Fruit Jar Co. v. WisnerAppellate Division of the Supreme Court of the State of New York · 1899
- Consolidated Fruit Jar Co. v. WisnerAppellate Division of the Supreme Court of the State of New York · 1905
- Port v. HolzingerAppellate Division of the Supreme Court of the State of New York · 1925
- Doyle v. DelaneyAppellate Division of the Supreme Court of the State of New York · 1906
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