Acharan v. Samuel Bros
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Marcial Acharan and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of January, 1911, upon the dismissal of the . complaint by direction of the court after a trial at the New York Trial Term.
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Appeal by the plaintiffs, Marcial Acharan and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of January, 1911, upon the dismissal of the . complaint by direction of the court after a trial at the New York Trial Term. The plaintiff Acharan and one Jose Goicochea were copartners doing business under the firm name of Acharan, Goicochea & Co. Prior to the commencement of this action Jose Goicochea died, and the plaintiff Acharan and Alfredo A. Pinillos, as the legal- representative of said Jose…
1Opinion of the Court
Scott, J.:
Plaintiffs appeal from a judgment entered upon a dismissal of the complaint at Trial Term. The action is for a balance claimed to be due upon a running account.- The complaint alleges that on June 1, 1906, an account was stated between the parties whereby it was found that the sum of $2,035.32 was due to the defendant. That thereafter business relations continued in the course of which defendant received moneys belonging to plaintiffs and plaintiffs paid out certain moneys on account of defendant and became entitled to certain credits, all of whiph amounted to $19,148.55, which sum…
2Cases cited4 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Quin v. . LloydNew York Court of Appeals · 1869
- Lerche v. . BrasherNew York Court of Appeals · 1887
3Cited by9 opinions
- Bremer v. RingAppellate Division of the Supreme Court of the State of New York · 1911
- Sea Gate Hotel Co. v. NahmmacherAppellate Terms of the Supreme Court of New York · 1920
- Rice v. KabakAppellate Terms of the Supreme Court of New York · 1911
- In re the Estate of FeeNew York Surrogate's Court · 1934
- Popkin v. Original Novelty Co.New York Supreme Court · 1947
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