Kock v. Bonitz
New York Court of Common Pleas
Appeal from a judgment of the Marine Court. The complaint" alleged a sale and delivery by plaintiff to defendant, on divers days between May 8th and August 22d, 1868, of goods for the price of $350 50, and that only $140 thereof had been paid, leaving due $210 50. The answer set up that defendant had bought goods to the amount of $131 only, and bad paid on account $140, being an overpayment df $9, for which he asked judgment.
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Appeal from a judgment of the Marine Court. The complaint" alleged a sale and delivery by plaintiff to defendant, on divers days between May 8th and August 22d, 1868, of goods for the price of $350 50, and that only $140 thereof had been paid, leaving due $210 50. The answer set up that defendant had bought goods to the amount of $131 only, and bad paid on account $140, being an overpayment df $9, for which he asked judgment. The case was referred, and the evidence appeared as stated in the opinion. At the close of the trial, the referee allowed the defendant to put in an amended answer,…
1Opinion of the Court
By the Court.*—Daly, Ch. J.
—The defendant testified' that on the 22d of August, 1868, the plaintiff went over his account of goods- sold to him, the deféndant, and of moneys paid by the defendant, and that the result was that $9 was coming to the plaintiff. The referee has found that this -was a settlement or agreement between the parties of the amount then due, or, in other words, an account stated. It is suggested upon this appeal, that it does not appear from this evidence that the defendant participated or took any part in what then occurred; but I think the fair inference is, that the…
2Cases cited5 opinions
- Chappedelaine v. DechenauxSupreme Court of the United States · 1808
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- Wilde v. JenkinsNew York Court of Chancery · 1834
- Philips v. BeldenNew York Court of Chancery · 1833
- Hutchinson v. Market Bank of TroyNew York Supreme Court · 1867
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