Toric Optical Co. v. Bechtold
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by the Toric Optical Company against August C. Bechtold. From a judgment entered in favor of the plaintiff on a verdict for $700.27 and costs, and from an order denying a motion for new trial, defendant appeals. Reversed, and new trial ordered. '
1Opinion of the CourtGuy, J.
The plaintiff sues upon an account stated. The answer sets up a general denial. Plaintiff offered parol evidence of two- witnesses tending to show that it rendered the defendant the account in question from its ledger; that he admitted its correctness and promised to pay it a little later on. Neither the account nor the ledger was offered in evidence, however. Defendant denied making any such admission or promise, and called as a witness his father, who testified that the account was his (the father’s) old debt for optical goods; that he had assigned his interest in the optical business,…
2Cases cited4 opinions
- Bauer v. AmbsAppellate Division of the Supreme Court of the State of New York · 1911
- Callahan v. O'RourkeAppellate Division of the Supreme Court of the State of New York · 1897
- Kellogg v. RowlandAppellate Division of the Supreme Court of the State of New York · 1899
- William Allen & Co. v. Somerset Hotel Co.Appellate Terms of the Supreme Court of New York · 1904