Dickinson v. Lewis, Garthwaite & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. “Wade Keyes. The bill in this case was filed by Charles B. Dickinson, the appellant, against William M. Lewis, William Grant, John Van Bardóme, and Caleb C. Garthwaite, partners in trade under the successive firm names of Lewis, Grant & Co., and Lewis, Garthwaite & Co.; and alleged, in substance, the following facts: In June, 1848, Dickinson, who was a clothing-merchant in Mobile, entered into a contract with…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. “Wade Keyes. The bill in this case was filed by Charles B. Dickinson, the appellant, against William M. Lewis, William Grant, John Van Bardóme, and Caleb C. Garthwaite, partners in trade under the successive firm names of Lewis, Grant & Co., and Lewis, Garthwaite & Co.; and alleged, in substance, the following facts: In June, 1848, Dickinson, who was a clothing-merchant in Mobile, entered into a contract with Lewis, Grant & Co., who were manufacturers of clothes in the cities of New York, Newark, and New Orleans, to this effect:…
1Opinion of the Court
A. J. "WALKEN, O. J.
The account against the complainant has been stated, and settled by his execution of notes for the balance found against him. To open this stated account, and correct its errors, is the object of the bill. Where errors have occurred in a stated account, in consequence of a fraud, equity has jurisdiction to open the account, and will either re-examine the entire account, or allow the injured party to surcharge and falsify it as to specified errors. — Cowan v. Jones, 27 Ala. 317 ; 1 Story’s Eq. Jur. § 523. The accounts which, when stated, the court will open, must, however,…
2Cases cited9 opinions
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Knotts v. TarverSupreme Court of Alabama · 1845
- Crothers v. LeeSupreme Court of Alabama · 1856
- Rembert v. BrownSupreme Court of Alabama · 1850
- Horton v. MoseleySupreme Court of Alabama · 1850
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Gayle v. PenningtonSupreme Court of Alabama · 1914
- County of Dallas v. TimberlakeSupreme Court of Alabama · 1875
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
17 more not listed; retrieve them via the Exa API.