Keystone Cooperative Grape Ass'n v. Perdue

Appellate Division of the Supreme Court of New York

Keystone Cooperative Grape Ass'n v. Perdue

265 A.D. 1035, 40 N.Y.S.2d 213, 1943 N.Y. App. Div. LEXIS 6725

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 27, 1943

StatusPublished

Cited by1 cases

This text of 265 A.D. 1035 (Keystone Cooperative Grape Ass'n v. Perdue) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Keystone Cooperative Grape Ass'n v. Perdue, 265 A.D. 1035, 40 N.Y.S.2d 213, 1943 N.Y. App. Div. LEXIS 6725 (N.Y. Ct. App. 1943).

Pincite

Opinion

Memorandum: This action was not brought on the theory of an account stated. (Schutz v. Morette, 146 N. Y. 137,141; Bodkinson v. Haecker, 248 N. Y. 480,484,485.) The learnei [1036]*1036official referee, in effect, erroneously treated the action as one for an account ■stated. The evidence indicates that no account was ever stated between the parties. It was also reversible error to refuse the defendant a reasonable adjournment to enable him to meet the claim as to settlement of accounts advanced by the plaintiff for the first time at the trial and to enable the defendant to offer evidence in support of his defenses and counterclaim. All concur. (The judgment is for plaintiff in an action on promissory notes.) Present ■— Cunningham, Taylor, Dowling, Harris and McCurn, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Memorandum: This action was not brought on the theory of an account stated. (Schutz v. Morette, 146 N. Y. 137,141; Bodkinson v. Haecker, 248 N. Y. 480,484,485.) The learnei [1036]*1036official referee, in effect, erroneously treated the action as one for an account ■stated. The evidence indicates that no account was ever stated between the parties. It was also reversible error to refuse the defendant a reasonable adjournment to enable him to meet the claim as to settlement of accounts advanced by the plaintiff for the first time at the trial and to enable the defendant to offer evidence in support of his defenses and counterclaim. All concur. (The judgment is for plaintiff in an action on promissory notes.) Present ■— Cunningham, Taylor, Dowling, Harris and McCurn, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

265 A.D. 1035, 40 N.Y.S.2d 213, 1943 N.Y. App. Div. LEXIS 6725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keystone-cooperative-grape-assn-v-perdue-nyappdiv-1943.

Opinion

Related

Cite This Page — Counsel Stack