Spellman v. Muehlfeld
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John H. Spellman, as receiver of The Muehlfeld & Haynes Piano Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of Novemher, 1898, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York ■ Trial Term.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover upon an account stated. The complaint charged that “ on the 4th day of June, 1896, at the City of New York, an account was stated between the said Muehlfeld & Haynes Piano Company and the defendant, and upon such statement a balance of $1,562.60 was found to be due from the defend-' ant to said company.” The answer was a general denial. .. Upon the trial the plaintiff, to establish the allegations of his ' complaint, offered in evidence page 344 of the ledger of the Muehlfeld & Haynes Piano Company, which was an account between the company and…
2Cases cited3 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Volkening v. . DegraafNew York Court of Appeals · 1880
- Nostrand v. . DitmisNew York Court of Appeals · 1891
3Cited by2 opinions
- Doubleday, Page & Co. v. ShumakerNew York Supreme Court · 1908
- McAveigh v. Pelham Park RailroadAppellate Terms of the Supreme Court of New York · 1909