Wood v. Hickok & Hamilton
New York Supreme Court
This was an action of assumpsit for goods sold and delivered, tried at the Albany circuit, in September, 1828, before the Hon. William A. Duer, one of the circuit judges. ’ •* ° The plaintiffs were wholesale grocers in the city of Albany, and the defendants country merchants.
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This was an action of assumpsit for goods sold and delivered, tried at the Albany circuit, in September, 1828, before the Hon. William A. Duer, one of the circuit judges. ’ •* ° The plaintiffs were wholesale grocers in the city of Albany, and the defendants country merchants. The defendants made sundry purchases of the plaintiffs between February, 1824, and November, 1825, amounting in the whole to $1190 62, and made various payments to the plaintiffs, amounting in June, 1827, to the sum of $1191 25. On the . trial of the cause, the plaintiffs, besides the items of debit amounting to the…
1Opinion of the Court
By the Court, Sutherland, J.
I think the charge of the judge was correct under the circumstances of this case. The only ground on which it could he contended that the account was liquidated and closed so as to carry interest was, that the account had been sent to the defendants, and they had not objected to it. In the first place there was no direct evidence that they ever received it; but admitting they did, the subsequent conduct of the plaintiffs, as well as the defendants, shews that neither party considered the account as closed or settled by the assent of the defendants. The defendants…
2Cited by14 opinions
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- West, Oliver & Co. v. BallSupreme Court of Alabama · 1847
- Morris v. JamiesonIllinois Supreme Court · 1903
- Price v. WhiteSupreme Court of Alabama · 1846
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