Reynolds v. Empire Lumber Co.
New York Supreme Court
Appeal from judgment on report of referee. Action by Thomas J. Reynolds against the Empire Lumber Company. From a judgment dismissing the complaint, and for a counter claim in favor of defendant of $21.06 and interest, plaintiff appeals.
1Opinion of the CourtDwight, P. J.
The sole question made on this appeal relates to the allowance of a counterclaim of $21.06; and whether that counterclaim was properly allowed depends upon the question whether a certain payment, by check, made by the plaintiff to the defendant, was or was not in full of a small balance of indebtedness concededly due from the former to the latter, the amount of which was unliquidated. The referee finds the amount of that indebtedness on the 1st day of January, 1889, to have been $106.43. On the 9th day of February the plaintiff sent to the defendant a statement of the account, exhibiting a…
2Cases cited2 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. TomlinsonNew York Supreme Court · 1892
3Cited by6 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Chicago, Rock Island & Pacific Railway Co. v. BuckstaffNebraska Supreme Court · 1902
- King v. DormanAppellate Terms of the Supreme Court of New York · 1899
- Leonard v. HallettSupreme Court of Colorado · 1914
- Kelley v. Lawrence Bros.Appellate Division of the Supreme Court of the State of New York · 1903
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