WARNER v. MARSH & McLENNAN


26 F.Supp. 814 (1939)

WARNER v. MARSH & McLENNAN, Inc.

District Court, S. D. New York.

January 10, 1939.


Attorney(s) appearing for the Case

Max Teitelbaum, of New York City, for plaintiff.

Haight, Griffin, Deming & Gardiner, of New York City (Edgar R. Kraetzer, of New York City, of counsel), for defendant.


GODDARD, District Judge.

The first five causes of action are barred by the statute of limitations and these are dismissed by consent.

The defenses set up to the remaining causes of action are that a balance "was mutually found and agreed to be due to the plaintiff from the defendant" and was paid; or as is stated by counsel for defendant in their brief "an account was stated between plaintiff and defendant", or "accord and satisfaction".

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