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Matthews v. Heath

Appellate Division of the Supreme Court of New York, Third Department
May 3, 1950
277 App. Div. 809 (N.Y. App. Div. 1950)

Opinion

May 3, 1950.

Appeal from County Court of Broome County.

Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.


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.


Summaries of

Matthews v. Heath

Appellate Division of the Supreme Court of New York, Third Department
May 3, 1950
277 App. Div. 809 (N.Y. App. Div. 1950)
Case details for

Matthews v. Heath

Case Details

Full title:HIRAM MATTHEWS, Respondent, v. IRVING HEATH, Appellant

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

Date published: May 3, 1950

Citations

277 App. Div. 809 (N.Y. App. Div. 1950)