Cooper v. Conklin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Roland R. Conklin, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 25th day of January, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2d day of February, 1921, denying defendant’s motion for a new trial made upon the minutes.'
1Opinion of the Court
Blackmar, P. J.:
The action is upon an account stated. The plaintiff’s assignor was an attorney at law for the defendant in an action entitled Conklin v. Shonts. On the 27th day of April, 1920, he wrote to the defendant inclosing a bill for professional services, in the following words:
“ April 27,e 1920.
“ Conklin vs. Shonts
“ Roland R. Conklin
" to
“ Arthur C. Hume, Dr.
“ Balance due for legal services, etc., in this action, to date........,.........'.......... $2,600 00
“ Received payment.”
It was competent for the jury to find, and we must assume that they did so find, that defendant paid no…
2Cases cited5 opinions
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Williams v. . GlennyNew York Court of Appeals · 1857
- Brauer v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1914
- Stein v. SteinAppellate Division of the Supreme Court of the State of New York · 1910
- Burlingame v. ShelmireNew York Supreme Court · 1891
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