Bruen v. Hone
New York Supreme Court
In Equity. In 1827, Geo. W. Bruen formed a copartnership with Thomas H. Smith, under the firm of T. H. Smith & Son, which continued until the death of Smith in Sept. 1829. T. H. Smith & Son were extensively engaged in importing teas and silks from China, and made an agreement with the firm of John Hone & Sons, auctioneers and commission merchants, to sell for them the goods which they might import, for certain commissions agreed upon.
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In Equity. In 1827, Geo. W. Bruen formed a copartnership with Thomas H. Smith, under the firm of T. H. Smith & Son, which continued until the death of Smith in Sept. 1829. T. H. Smith & Son were extensively engaged in importing teas and silks from China, and made an agreement with the firm of John Hone & Sons, auctioneers and commission merchants, to sell for them the goods which they might import, for certain commissions agreed upon. It was alleged in the bill, that in case of any advances by J. Hone & Sons of money or paper, no guarantee commissions on the sales of teas should be charged,…
1Opinion of the CourtEdmonds, J.
This being an application to open a stated account, the plaintiff must either charge fraud or specify particular errors. When fraud is proved, it will be a sufficient ground to open the whole account; but the case is different where errors or mistakes only are shown to exist in the account. For there the account will not be opened, but the party will merely be permitted to surcharge and falsify it. (2 Dan. Pr. 764, and cases there cited.) The bill, in this case, has the double aspect, and charges fraud and error, specifying it. The fraud is not proved. The allegation of the bill in this…
2Cases cited3 opinions
- Perkins v. HartSupreme Court of the United States · 1826
- Philips v. BeldenNew York Court of Chancery · 1833
- Freeland v. Heron, Lenox & Co.Supreme Court of the United States · 1812
3Cited by17 opinions
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- Harris v. HarrisNew York Supreme Court · 1861
- Price v. . HolmanNew York Court of Appeals · 1892
- Carpenter v. . KentNew York Court of Appeals · 1886
- Woodbridge v. BockesAppellate Division of the Supreme Court of the State of New York · 1901
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