Stern v. Brettschneider
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, in favor of plaintiff, entered upon the verdict of a jury.
1Opinion of the CourtMullan, J.
The issue was, whether the parties had stated an account, leaving a certain balance in plaintiff’s favor. After plaintiff had made out, on his direct examination, a prima facie case, the defendant sought, on cross, to institute an inquiry in relation to the items — goods sold—upon which the account was stated. The learned trial justice disallowed these questions, upon the ground that as the defendant had pleaded neither fraud nor mistake, the evidence should be confined to proof directly bearing upon the *679question whether or not the account had been stated as plaintiff claimed. In so holding,…
2Cases cited1 opinion
- Clare v. KelleyAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- Gravel Products Division of Buffalo Crushed Stone Corp. v. Sunnydale Acres, Inc.New York Supreme Court · 1958
- Sundure Paint Corp. v. Nursery Crafters, Inc.City of New York Municipal Court · 1948