Ryan v. Gross
Supreme Court of Alabama
Appeal from the Circuit Court of «Jackson. Tried before Hon. ~W. J. Haralson. This action was brought by the appellee Gross, against the appellant Caroline Ryan, on the 8th of March, 1868. The complaint contained two counts. The first count was a count upon an account stated between plaintiff and defendant, for an indebtedness incurred by defendant when a femme sole, under the name of Caroline Frazier, and before her marriage with her present husband.
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Appeal from the Circuit Court of «Jackson. Tried before Hon. ~W. J. Haralson. This action was brought by the appellee Gross, against the appellant Caroline Ryan, on the 8th of March, 1868. The complaint contained two counts. The first count was a count upon an account stated between plaintiff and defendant, for an indebtedness incurred by defendant when a femme sole, under the name of Caroline Frazier, and before her marriage with her present husband. The second count was based on an open account for the same indebtedness. Both counts are silent as to the time when the account was stated, or…
1Opinion of the CourtPeck, C. J.
1. The material and only real question in this case is, as to the character of the account, the foundation of the appellee’s action in the court below. If not an account stated, then the action was barred by the statute of limitations of three years.
Mr. Chitty says: “The present rule is, that if a fixed and certain sum is admitted to be due to a plaintiff, for which an action would lie, that will be'evidence to support a count upon an account stated.” — 1 Ch. Pl. 358, 14 Am. ed. from 6th London ed., corrected and enlarged.
In Knowles et al. v. Michael et al., (13 East. 133,) Lord Ellenborough,…
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