Miller v. Longshore
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary B. Longshore, as executrix, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 15th day of October, 1909, upon the report of a referee. The plaintiff’s testator operated a grist mill in the county of Herkimer.
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Appeal by the defendant, Mary B. Longshore, as executrix, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 15th day of October, 1909, upon the report of a referee. The plaintiff’s testator operated a grist mill in the county of Herkimer. The testator of the defendant was a physician, with an office in Cold Brook, four miles distant from the mill.' The physician owned a farm. near the grist mill, occupied by tenants. In pursuance of the direction of the doctor the tenant in possession purchased feed and…
1Opinion of the Court
Spring, J.:
The issues were tried before a referee, who allowed the plaintiff’s claim in full.. The books of the plaintiff’s testator were received in evidence, and other proof was given to support the validity of the account presented. The referee found that .the account was not rejected until more than a year after its presentation, and that the miller kept honest books and that, as matter of law, the claim was a valid one for the full amount and interest without any specific finding of fact that the articles and produce sold embodied in the account were charged at reasonable prices. The…
2Cases cited6 opinions
- Butler v. . JohnsonNew York Court of Appeals · 1888
- Schutz v. . MoretteNew York Court of Appeals · 1895
- Green v. . DisbrowNew York Court of Appeals · 1879
- Heinrich v. HeidtAppellate Division of the Supreme Court of the State of New York · 1905
- Sandel v. SommersAppellate Division of the Supreme Court of the State of New York · 1909
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3Cited by2 opinions
- Gould v. WoodCalifornia Supreme Court · 1928
- Persbacker v. MurphyAppellate Division of the Supreme Court of the State of New York · 1912