McAveigh v. Pelham Park Railroad
Appellate Terms of the Supreme Court of New York
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
- Schutz v. . MoretteNew York Court of Appeals · 1895
- Bayliss v. . CockcroftNew York Court of Appeals · 1880
- Brown v. . the Cattaraugus County Mutual Insurance CompanyNew York Court of Appeals · 1858
- Routenberg v. SchweitzerAppellate Division of the Supreme Court of the State of New York · 1900
- Spellman v. MuehlfeldAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Brozan v. WormsNew York Supreme Court · 1930