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Roualet Wine Company v. Sebring

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 1, 1919
188 App. Div. 997 (N.Y. App. Div. 1919)

Opinion

July, 1919.


Defendant's exceptions sustained and motion for new trial granted, with costs to defendant to abide event. Held, that the evidence was sufficient to require submission to the jury of the question as to whether the account between the parties was "a mutual account" as defined in Green v. Disbrow ( 79 N.Y. 1); 1 C.J. 598, § 6; and Miller v. Longshore ( 147 App. Div. 214). If found to be such, then defendant's release of his account and claim against the plaintiff must be held to release only the balance after the application thereon of plaintiff's account against him. All concurred.


Summaries of

Roualet Wine Company v. Sebring

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 1, 1919
188 App. Div. 997 (N.Y. App. Div. 1919)
Case details for

Roualet Wine Company v. Sebring

Case Details

Full title:ROUALET WINE COMPANY, Plaintiff, v. JAMES O. SEBRING, Defendant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 1, 1919

Citations

188 App. Div. 997 (N.Y. App. Div. 1919)