Mount v. Ellingwood

New York Supreme Court

Mount v. Ellingwood

2 Thomp. & Cook 527

DecidedJanuary 15, 1874

StatusPublished

This text of 2 Thomp. & Cook 527 (Mount v. Ellingwood) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mount v. Ellingwood, 2 Thomp. & Cook 527 (N.Y. Super. Ct. 1874).

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Opinion

Davis, P. J.

The referee found, as a matter of fact, that the counter-claim alleged by defendant accrued before the statement of the account made, prior to and at the execution of the bond, and he held, as a conclusion of law, that the claim “was barred by the accounts and settlement between the parties when the bond was given, and by the giving of the bond.” I think the finding and conclusion of the referee were clearly right. The evidence not only justified but required the finding and the judgment should be affirmed.

Daniels and Donohue, JJ., concurred.

Judgment affirmed.

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Davis, P. J.

The referee found, as a matter of fact, that the counter-claim alleged by defendant accrued before the statement of the account made, prior to and at the execution of the bond, and he held, as a conclusion of law, that the claim “was barred by the accounts and settlement between the parties when the bond was given, and by the giving of the bond.” I think the finding and conclusion of the referee were clearly right. The evidence not only justified but required the finding and the judgment should be affirmed.

Daniels and Donohue, JJ., concurred.

Judgment affirmed.

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Bluebook (online)

2 Thomp. & Cook 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mount-v-ellingwood-nysupct-1874.