Green v. . Disbrow
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The case upon a former appeal is reported 56 N. Y., 334.
1Opinion of the CourtEarl, J.
This action was commenced June 23, 1869, to recover upon a store account for goods claimed to have been furnished by the plaintiff to defendant’s son, Jonathan Dis-brow, at the request of the defendant and upon his credit.
We think there was sufficient evidence to justify the finding of the referee that the goods were furnished upon the sole credit of the defendant and upon his promise to pay for them. The only defense, therefore, to be considered here is the statute of limitations.
The account commenced on the 6th day of November, 1855, and continued to November 11, 1863; and during that time…
2Cases cited10 opinions
- Norton v. LarcoCalifornia Supreme Court · 1866
- Kimball v. BrownNew York Supreme Court · 1831
- Coster v. MurrayNew York Court of Chancery · 1821
- Hodge v. ManleySupreme Court of Vermont · 1853
- Edmondstone v. ThomsonNew York Supreme Court · 1836
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3Cited by41 opinions
- Rodgers v. Roulette Records, Inc.District Court, S.D. New York · 1988
- Adams v. . OlinNew York Court of Appeals · 1893
- Superintendent of Insurance for the State of New York v. First Central Financial Corp. (In Re First Central Financial Corp.)United States Bankruptcy Court, E.D. New York · 2001
- Minion v. . WarnerNew York Court of Appeals · 1924
- Gunn v. GunnSupreme Court of Georgia · 1885
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