Legal Opinion

Bucklin v. Chapin

New York Supreme Court

Decided April 15, 1868PublishedCited by 19 opinions

Edmund G-. Chapin was a watchmaker by trade, and carried on business as such at Little Falls, in the county of Herkimer. He occupied for many years, a portion of a store owned by the plaintiff, but upon what terms did not appear. The plaintiff, was a merchant, and sold groceries and provisions. For several years the plaintiff, and his clerks', boarded with the intestate, and the latter obtained from the store provisions, and other things required for family use.

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Edmund G-. Chapin was a watchmaker by trade, and carried on business as such at Little Falls, in the county of Herkimer. He occupied for many years, a portion of a store owned by the plaintiff, but upon what terms did not appear. The plaintiff, was a merchant, and sold groceries and provisions. For several years the plaintiff, and his clerks', boarded with the intestate, and the latter obtained from the store provisions, and other things required for family use. Chapin in or about 1857, entered into copartnership with one House, in the rectifying and sale of liquors; and they remained in…

1Opinion of the Court

Present — Foster, Mullin and Morgan. JJ.

*447By the Court

Mullín, J.

I will not take time to consider the question, whether on the proof in this case, there was a mutual, open and running account between the plaintiff and defendant’s intestate, but shall assume, for the purposes of this appeal, that it was such an account.

To present the question in a way to enable the court to decide it satisfactorily, there should be a finding of sundry facts not found by the referees nor discussed by the counsel. It is, therefore, safer to leave that question to be considered on a future trial, should^ a new trial…

2Cases cited3 opinions

  1. Lockwood v. . ThorneNew York Court of Appeals · 1858
  2. Bloodgood v. . BruenNew York Court of Appeals · 1853
  3. Tracy v. SuydamNew York Supreme Court · 1859

3Cited by19 opinions

  1. First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
  2. Butler v. . JohnsonNew York Court of Appeals · 1888
  3. In re the Estate of SchorerNew York Surrogate's Court · 1935
  4. Burnett v. NobleNew York Surrogate's Court · 1880
  5. Delabarre v. McAlpinAppellate Division of the Supreme Court of the State of New York · 1905

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