Legal Opinion
Warner v. Marsh & McLennan, Inc.
District Court, S.D. New York
Decided January 10, 1939PublishedCited by 2 opinions
1Opinion of the Court
GODDARD, District Judge.
The first five causes of action are barred by the statute of limitations and these are dismissed by consent.
The defenses set up to the remaining causes of action are that a balance “was mutually found and agreed to be due to the plaintiff from the defendant” and . was paid; or as is stated by counsel for defendant in their brief “an account was stated between plaintiff and defendant”, or “accord and satisfaction”.
An essential element in such defense is that the parties have agreed upon the balance due either expressly or impliedly. Newburger-Morris Co. v. Talcott, 219…
2Cases cited5 opinions
- Newburger-Morris Co. v. . TalcottNew York Court of Appeals · 1916
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Daube v. United StatesUnited States Court of Claims · 1932
- Matlack Coal & Iron Corp. v. New York Quebracho Extract Co.Court of Appeals for the Second Circuit · 1929
- Beardsley v. American Bonding Co. of BaltimoreAppellate Division of the Supreme Court of the State of New York · 1922
3Cited by2 opinions
- Reed Research, Inc. v. Schumer Company, Inc. (Schock, Gusmer & Co., Inc.)Court of Appeals for the D.C. Circuit · 1957
- Reed Research, Inc. v. Schumer Company, Inc. (Schock, Gusmer & Co., Inc.)Court of Appeals for the D.C. Circuit · 1957