Matthews v. Heath

Appellate Division of the Supreme Court of New York

Matthews v. Heath

277 A.D.2d 809

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

DecidedMay 3, 1950

StatusPublished

This text of 277 A.D.2d 809 (Matthews v. Heath) 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

Matthews v. Heath, 277 A.D.2d 809 (N.Y. Ct. App. 1950).

Pincite

Opinion

-Appeal by defendant from parts of a judgment rendered against him in the County Court of Broome County after trial, without a jury, in plaintiff’s favor in an action on an account stated and from an order denying defendant’s motion to amend the judgment. Plaintiff’s proofs established an account stated. The variance in the amount as pleaded and proved did not call for a nonsuit. The amount allowed on defendant’s counterclaim was not against the weight of evidence. Judgment and order unanimously affirmed, with costs. Present —• Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.

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-Appeal by defendant from parts of a judgment rendered against him in the County Court of Broome County after trial, without a jury, in plaintiff’s favor in an action on an account stated and from an order denying defendant’s motion to amend the judgment. Plaintiff’s proofs established an account stated. The variance in the amount as pleaded and proved did not call for a nonsuit. The amount allowed on defendant’s counterclaim was not against the weight of evidence. Judgment and order unanimously affirmed, with costs. Present —• Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.

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Bluebook (online)

277 A.D.2d 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthews-v-heath-nyappdiv-1950.