Public-domain · open source
OpenJurist

2 Thomp. & Cook 527

Mount v. Ellingwood

New York Supreme Court

Decided January 15, 1874

New York Supreme Court · decided 1874-01-15

This action is upon a bond made and delivered by the defendant to Henry Placide, the plaintiff’s testator. Defendant sets up a counter-claim for services rendered as attorney at law of the testator. To the counter-claim, plaintiff interposed the statute of limitations as a bar, and also'made plea that the bond was delivered as a full settlement on a final accounting between the defendant and the testator.

Decided 1874-01-15

Davis, P. J.

¶1The 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.

¶2Daniels and Donohue, JJ., concurred.

¶3Judgment affirmed.

/2/thompcook/527 · .json · Public domain