Johnson v. Tyng
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, Charles E. Tyng, for a new trial upon a case containing exceptions, ordered to be heard at the General Term in the first instance, upon the verdict' of a jury rendered by direction of the court after a trial at the New York Circuit on .the 13th day of May, 1891.
1Opinion of the Court
O’Brien, J.:
The complaint set up two causes of action: (1) For work, labor :and services; and (2) upon an account stated, a copy of which .account, marked Schedule A, is annexed to the complaint and made :a part thereof, the items of which are as follows:.July 31, 1884, To balance due on old account........ $331 56
April 30, 1885, “ “ “ “ April acct........ 523 36.May■ 31, “ acct. rendered for May.......... 981 59
June 30, “ “ “ “ June.......... 876 20
July 31, “ « “ “ July •.......... 659 63
$3,372 34
The answer contained a general denial, and set up a counterclaim. The court, below dismissed the…
2Cases cited1 opinion
- Johnson v. TyngNew York Supreme Court · 1890
3Cited by10 opinions
- W. T. Rawleigh Company v. OverstreetCourt of Appeals of Georgia · 1944
- Noyes v. YoungMontana Supreme Court · 1905
- Wood, Curtis & Co. v. SeurichCalifornia Court of Appeal · 1907
- Holl v. LongNew York Supreme Court · 1901
- Stagg v. St. JeanMontana Supreme Court · 1903
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