Aguirre v. Packard
California Supreme Court
Appeal from the Second District. Suit for balance of an account due from defendant’s intestate for goods sold and delivered. The last item, in the account is dated September 12th, 1848. The plaintiff presented his account verified to defendant on the 24th July, 1858, showing that the intestate owed plaintiff one thousand six hundred and seventy-six dollars and seventy-five cents. The claim was rejected. The cause was tried by the Court without a jury.
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Appeal from the Second District. Suit for balance of an account due from defendant’s intestate for goods sold and delivered. The last item, in the account is dated September 12th, 1848. The plaintiff presented his account verified to defendant on the 24th July, 1858, showing that the intestate owed plaintiff one thousand six hundred and seventy-six dollars and seventy-five cents. The claim was rejected. The cause was tried by the Court without a jury. The Court found for the plaintiff, one thousand six hundred and seventy-six dollars and seventy-five cents, besides one hundred and fifty…
1Opinion of the CourtBaldwin, J.
The finding of the Court 'in this case was erroneous. The account presented by the plaintiff against the estate of the intestate, is an open account running through several years. Interest is allowed at the rate of six per cent, per annum on the balance sued for, for some eighteen months; and then interest on this same balance for eight years and ten months, at ten per cent, per annum. We suppose that the rule adopted was, to charge interest at six per cent, until the passage of our statute on the subject of interest—as the rate of interest obtaining in California under the Mexican…
2Cited by5 opinions
- Graham v. MerchantOregon Supreme Court · 1903
- Gregory v. StateCalifornia Supreme Court · 1948
- Crocker-Anglo National Bank v. Claude T. Lindsay, Inc.California Court of Appeal · 1959
- Estate of AdamsCalifornia Court of Appeal · 1959
- Wilson v. CobbNew Jersey Court of Chancery · 1879