Barber v. Lane

Appellate Terms of the Supreme Court of New York

Barber v. Lane

27 Misc. 804, 58 N.Y.S. 1136

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1899

StatusPublished

This text of 27 Misc. 804 (Barber v. Lane) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barber v. Lane, 27 Misc. 804, 58 N.Y.S. 1136 (N.Y. Ct. App. 1899).

Pincite

Opinion

Leventritt, J.

The only question presented on this' appeal is the allowance of certain credits to the defendant in an action brought against him by the plaintiff for goods sold and delivered. '

The amount of the sales was admitted, but the balance due on the running account between the -parties was disputed. The plaintiff claimed that after giving the defendant credit for all items to which he was entitled, there remained an unpaid. balance of $153.96; the defendant claimed that this sum should be reduced by payments, value of returned merchandise and agreed allowances not credited. Judgment was rendered for the-plaintiff for $22.48. The record is barren of proof to sustain the reduction of plaintiff’s claim to that extent. Were we able from the return to discover with accuracy the true- balance of account, we would modify the judgment accordingly. But the evidence was presented.in such a disjointed and unsatisfactory manner _ that,, beyond disclosing a complete failure to prove the full amount of credits allowed, it is inconclusive.

The judgment must be reversed 'and a new trial ordered.

Ebeedman, P. J., and MaoLean, J., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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Leventritt, J.

The only question presented on this' appeal is the allowance of certain credits to the defendant in an action brought against him by the plaintiff for goods sold and delivered. '

The amount of the sales was admitted, but the balance due on the running account between the -parties was disputed. The plaintiff claimed that after giving the defendant credit for all items to which he was entitled, there remained an unpaid. balance of $153.96; the defendant claimed that this sum should be reduced by payments, value of returned merchandise and agreed allowances not credited. Judgment was rendered for the-plaintiff for $22.48. The record is barren of proof to sustain the reduction of plaintiff’s claim to that extent. Were we able from the return to discover with accuracy the true- balance of account, we would modify the judgment accordingly. But the evidence was presented.in such a disjointed and unsatisfactory manner _ that,, beyond disclosing a complete failure to prove the full amount of credits allowed, it is inconclusive.

The judgment must be reversed 'and a new trial ordered.

Ebeedman, P. J., and MaoLean, J., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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Bluebook (online)

27 Misc. 804, 58 N.Y.S. 1136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barber-v-lane-nyappterm-1899.