Legal Opinion

McAveigh v. Pelham Park Railroad

Appellate Terms of the Supreme Court of New York

Decided December 22, 1909PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of the Bronx, First District. Action by James McAveigh against the Pelham Park Railroad Company and another. From a Municipal Court judgment for plaintiff, defendants appeal.

1Opinion of the CourtGoff, J.

Complaint was on contract. The bill of particulars set forth items of expense from August 5 to December 24, 1908, for work done by horses from May 10 to September 28, 1908, and for use of coaches during winter of 1908, in all amounting to $617.41. A credit of $209 was allowed, leaving a balance of $462.41. At commencement of trial, plaintiff was permitted to amend by declaring on an account stated, instead of on contract. This changed the order and quality of *103proof, and relieved plaintiff from proving the items of expense and the performance and value of the work, but required him to prove by…

2Cases cited5 opinions

  1. Schutz v. . MoretteNew York Court of Appeals · 1895
  2. Bayliss v. . CockcroftNew York Court of Appeals · 1880
  3. Brown v. . the Cattaraugus County Mutual Insurance CompanyNew York Court of Appeals · 1858
  4. Routenberg v. SchweitzerAppellate Division of the Supreme Court of the State of New York · 1900
  5. Spellman v. MuehlfeldAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by1 opinion

  1. Brozan v. WormsNew York Supreme Court · 1930

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