Champion v. . Joslyn
New York Court of Appeals
Appeal from an order of the General Term.of the Sew York Court of Common Pleas, affirming a judgment entered upon a verdict in favor of the plaintiff.
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Appeal from an order of the General Term.of the Sew York Court of Common Pleas, affirming a judgment entered upon a verdict in favor of the plaintiff. The action was against the defendants Dorman, Joslyn & Co., brokers, alleging a balance due to the plaintiff, in brokerage transactions by them for him, on the 19th day of April, 1864, of $8,761.22, and payments thereon of $1,500, May 29, 1864, and $1,500, June 15,1864, and claiming to recover $5,583.37, with interest from June 15, 1864. The defendants, by their answer, admit that they were employed by the plaintiff as brokers in the purchase…
1Opinion of the Court
Hunt, C.
The account rendered on the 16th of April, 1864, was, at the most, but prima facie evidence that there were no other transactions which should properly form a part of it. (Lockwood v. Thorne, 18 N. Y. R., 285.) An account rendered is not conclusive against either party to it, but may be impeached or corrected, within a reasonable time after its rendition or its receipt. Should the balance claimed be actually paid, the account would still be open to correction in the same manner, (Ib.)
The defendants sought to prove that 200 shares of Rock Island railroad stock had been bought by them,…
2Cases cited1 opinion
- Reed v. Bank of NewburghNew York Court of Chancery · 1837
3Cited by7 opinions
- Young v. . HillNew York Court of Appeals · 1876
- Mayo v. . KnowltonNew York Court of Appeals · 1892
- Croninger v. . CrockerNew York Court of Appeals · 1875
- Clark v. MarbourgSupreme Court of Kansas · 1885
- Gillett v. ChavezNew Mexico Supreme Court · 1904
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