Crow v. . Gleason
New York Court of Appeals
Appeal from judgment of the General Term of ther Supreme Court in the first judicial department, entered upon an order made October 20, 1892, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and" the facts, so far as material, are stated in the opinion. The evidence that plaintiff kept correct books of account was error. (Abb. Tr.
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Appeal from judgment of the General Term of ther Supreme Court in the first judicial department, entered upon an order made October 20, 1892, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and" the facts, so far as material, are stated in the opinion. The evidence that plaintiff kept correct books of account was error. (Abb. Tr. Ev. 322-324; 1 Greenl. on Ev. § 118; 1 Whart. on Ev. §§ 678-700 ; Tomlinson v. Borst, 30 Barb. 42; Vosburgh v. Thayer, 12 Johns. 461; Burke v. Wolf, 6 J. & S. 271.) The plea of payment is fully sustained…
1Opinion of the CourtEarl, J.
This action was brought to recover for the use of horses let by the plaintiff to the defendant during all the years from the 26th day of April, 1875, to some time in November, 1885. The plaintiff claims in his complaint that the whole sum for the hire of his horses was upwards of $12,000, upon which the defendant had paid him upwards of $10,000, leaving a balance due him of about $2,000. The defendant in his answer denied that he had had the use of plaintiff’s horses to the amount claimed by him; denied that there was anything due the plaintiff, and alleged that he had paid him in full. He…
2Cases cited1 opinion
- Harper v. . FairleyNew York Court of Appeals · 1873
3Cited by73 opinions
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- F. M. Slagle & Co. v. BushnellSouth Dakota Supreme Court · 1944
- Petito v. PiffathNew York Court of Appeals · 1994
- Cashmar-King Supply Co. v. Dowd & KingSupreme Court of North Carolina · 1907
- Saini v. Cinelli Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
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