Bewick v. Butterfield
Michigan Supreme Court
Error to Alpena. (Emerick, J.) Assumpsit. Plaintiff brings error. The fact* are stated in the opinion. He to whom an account is rendered is bound, within a reasonable time, to examine it and object if its correctness is disputed, and by failing so to do he will be bound by the account stated : Lockwood v. Thorne, 11 N. Y. 170 ; Avery v. Leach, 9 Hun, (N. Y.) 106 ; White v. Campbell, 25 Mich. 469 and cases cited.
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Error to Alpena. (Emerick, J.) Assumpsit. Plaintiff brings error. The fact* are stated in the opinion. He to whom an account is rendered is bound, within a reasonable time, to examine it and object if its correctness is disputed, and by failing so to do he will be bound by the account stated : Lockwood v. Thorne, 11 N. Y. 170 ; Avery v. Leach, 9 Hun, (N. Y.) 106 ; White v. Campbell, 25 Mich. 469 and cases cited. To make an account rendered a stated one, it is not necessary that mutual accounts should have existed between the parties. It may relate to a single debt or transaction : Stevens v.…
1Opinion of the CourtMorse, J.
The plaintiffs brought suit in the Alpena circuit against the defendants, in assumpsit, declaring upon a special count, and also upon the common counts.
Defendants pleaded the general issue, and gave notice of set-off, which set-off, however, was abandoned upon the trial, being the subject-matter of another suit between the parties.
The verdict and judgment were for defendants, from which result the plaintiffs bring error.
The controversy between the parties grows out of the driving or running of logs in the West branch of Hubbard lake, in the summer of 1881. ' The West branch is formed by the…
2Cases cited3 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- White v. CampbellMichigan Supreme Court · 1872
- American National Bank v. BusheyMichigan Supreme Court · 1881
3Cited by3 opinions
- Smith v. DuncanTexas Commission of Appeals · 1919
- Power State Bank v. CarverCourt of Appeals of Texas · 1912
- Divet v. MagillNorth Dakota Supreme Court · 1929