Dunham v. . Griswold
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without. a jury. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without. a jury. The nature of the action and the material facts are stated in the opinion. The alleged account stated and agreement are not binding on the defendant, since they were executed by him under duress, caused by threats of a criminal prosecution and imprisonment on a criminal charge, i. e., the charge of swindling or embezzlement. (Leopold v.…
1Opinion of the CourtEarl, J.
The plaintiff claimed that prior to September, 1881, he intrusted the defendant with certain securities which were to be converted into money and the proceeds invested for him, but that the defendant converted the proceeds to his own use, and he claimed that the defendant was indebted to him on account of such proceeds in the sum of $9,000 ; and to adjust- the claim of the plaintiff, which we may assume the defendant disputed, he settled with the plaintiff and an account was stated in which the defendant acknowledged that there was $9,000 due the plaintiff, and he executed a written agreement…
2Cases cited4 opinions
- Stewart v. AhrenfeldtNew York Supreme Court · 1847
- Knapp v. HydeNew York Supreme Court · 1869
- Farmer v. WalterNew York Court of Chancery · 1835
- Shephard v. WatrousNew York Supreme Court · 1805
3Cited by64 opinions
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Oleet v. Pennsylvania Exchange BankAppellate Division of the Supreme Court of the State of New York · 1955
- Sears v. Grand Lodge of Ancient Order of United WorkmenNew York Court of Appeals · 1900
- Stanley v. CommissionerUnited States Tax Court · 1966
- Bandman v. . FinnNew York Court of Appeals · 1906
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