Parker v. Schwartz
Massachusetts Supreme Judicial Court
Contract on an account annexed for $177.41, for goods sold and delivered to the defendant’s testatrix between December 3, 1872, and January 8, 1875. Writ dated January 6, 1882. Answer, the statute of limitations. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The defendant’s testatrix died December 13, 1880, and the defendant was appointed on January 3, 1881, administrator, with the will annexed, of her estate.
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Contract on an account annexed for $177.41, for goods sold and delivered to the defendant’s testatrix between December 3, 1872, and January 8, 1875. Writ dated January 6, 1882. Answer, the statute of limitations. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The defendant’s testatrix died December 13, 1880, and the defendant was appointed on January 3, 1881, administrator, with the will annexed, of her estate. It appeared in evidence that the plaintiff and his son, Charles H. Parker, doing business as copartners under the name of…
1Opinion of the CourtColburn, J.
If it could be held, under the evidence in this case, that the effect of the agreement between the plaintiff and the defendant’s testatrix was to place his account against her precisely as it would have stood if he had had no partner, this would be the most favorable position for him; but the account would not have been a “ mutual and open account current,” within the meaning of the Gen. Sts. c. 155, § 5. The plaintiff had an account for goods sold and delivered to her, upon which she had merely made payments, which were immediately applied in reduction of the account. She had no account…
2Cases cited5 opinions
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- Prenatt v. RunyonIndiana Supreme Court · 1859
- Blanchard v. BlanchardMassachusetts Supreme Judicial Court · 1877
- Lee v. ByrnesCourt of Appeals of Maryland · 1870
3Cited by8 opinions
- City of Boston v. NielsenMassachusetts Supreme Judicial Court · 1940
- Markiewicz v. TotonMassachusetts Supreme Judicial Court · 1935
- Day v. MayoMassachusetts Supreme Judicial Court · 1891
- Turner v. ButtrickMassachusetts Supreme Judicial Court · 1930
- Harding v. CovellMassachusetts Supreme Judicial Court · 1914
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