Legal Opinion

Scudder v. Kelly

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1913Published

Appeal by the plaintiff from a judgment of the Supreme Court in favor of the defendants, entered in the clerk’s office of the county of Delaware on the 26th day of April, 1910, upon the report of a referee.

1Per curiam

The defendants’ case rests to a great extent upon the accuracy of their books, and in many respects the books were kept loosely *878and are not the most satisfactory evidence. Many of the charges are, “balance on bill,” dr “bill,” and one “Bill to date this spring $149.93.” Evidently the books as to many items are not the original entry of-the actual transactions. , Recovery was had upon á note, dated January 22, 1899, for $100, payable sixty days after date. The Statute of Limitations is a good defense to the note. The evidence of the payment of $7, which defendants claim was indorsed thereon,…

2Cases cited1 opinion

  1. Hughes v. Eddy Valve Co.Appellate Division of the Supreme Court of the State of New York · 1911

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