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27 Misc. 804

Barber v. Lane

Appellate Terms of the Supreme Court of New York · decided 1899-05-15

Appeal by the plaintiff from- a judgment in his favor rendered ■ in the Municipal Court . of the City of Rew York, borough of Manhattan, ninth district, ,.-

Decided 1899-05-15

Leventritt, J.

¶1The only question presented on this' appeal is the allowance of certain credits to the defendant in an action brought against him by the plaintiff for goods sold and delivered. '

¶2The amount of the sales was admitted, but the balance due on the running account between the -parties was disputed. The plaintiff claimed that after giving the defendant credit for all items to which he was entitled, there remained an unpaid. balance of $153.96; the defendant claimed that this sum should be reduced by payments, value of returned merchandise and agreed allowances not credited. Judgment was rendered for the-plaintiff for $22.48. The record is barren of proof to sustain the reduction of plaintiff’s claim to that extent. Were we able from the return to discover with accuracy the true- balance of account, we would modify the judgment accordingly. But the evidence was presented.in such a disjointed and unsatisfactory manner _ that,, beyond disclosing a complete failure to prove the full amount of credits allowed, it is inconclusive.

¶3The judgment must be reversed 'and a new trial ordered.

¶4Ebeedman, P. J., and MaoLean, J., concur.

¶5Judgment reversed and new trial ordered, with costs to appellant to abide event.

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