Benedict v. Slocum
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph J. Slocum, from a judgment of the. Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county'of New York on the 21st day of April, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
McLaughlin, J.:
The summons in this action was served on the defendant on the 19th day of October, 1894, and the action was brought to recover upon an account stated. The complaint alleged that on or prior- to the 29th day of October, 1888, an account was taken and stated between the parties and upon such accounting the defendant was found to be indebted to the plaintiffs in the sum of $12,586.64, which he then agreed to pay: The answer denied the material allegations, of the complaint, and, in addition thereto, pleaded the Statute of Limitations.
*603At the trial it appeared that prior to…
2Cases cited4 opinions
- Manchester v. . BraednerNew York Court of Appeals · 1887
- Shaw v. LambertAppellate Division of the Supreme Court of the State of New York · 1897
- Hodnett v. GaultAppellate Division of the Supreme Court of the State of New York · 1901
- Brintnall v. . RiceNew York Court of Appeals · 1903
3Cited by2 opinions
- Levy v. PopperAppellate Division of the Supreme Court of the State of New York · 1905
- Zinn v. StammNew York Supreme Court · 1912