Marmion v. McClellan
Court of Appeals for the D.C. Circuit
The original bill charged that the said Marmion had received, as the complainant’s trustee, all her estate, consisting of her distributive share in the estate of her mother and the proceeds of sale of her interest in certain real estate in the city of Washington, and that he had failed to give her any satisfactory account of the investments thereof or of the profits therefrom, but that on the 2d day of May, 1887, he executed a deed of trust to Joseph G. McClellan conveying…
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The original bill charged that the said Marmion had received, as the complainant’s trustee, all her estate, consisting of her distributive share in the estate of her mother and the proceeds of sale of her interest in certain real estate in the city of Washington, and that he had failed to give her any satisfactory account of the investments thereof or of the profits therefrom, but that on the 2d day of May, 1887, he executed a deed of trust to Joseph G. McClellan conveying lot three (3) and a part of lot four (4), in square one hundred and twenty-six (126), in the city of Washington, known as…
1Opinion of the Court
Accounting ; Mutual- Accounts ; Presumptions ; Equity Practice ; Answer as Evidence ; Evidence ; Trusts and Trustees; Auditor’s Reports, Exceptions to; Interest.
1. Where cross demands or mutual accounts or dealings exist between parties, and one gives to the other a note or security for the payment of a definite amount growing out of the transactions, or some of them, the presumption arises that the amount for which the note or security is given is the balance due the party to whom it is given upon a statement or settlement of the mutual accounts existing between them at the time, including…
2Cases cited10 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
- Brooks v. MartinSupreme Court of the United States · 1864
- Chappedelaine v. DechenauxSupreme Court of the United States · 1808
- Eldridge v. SmithSupreme Court of Vermont · 1861
- Lake v. TysenNew York Court of Appeals · 1852
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