Chace v. Trafford
Massachusetts Supreme Judicial Court
Contract on an account stated. Writ dated September 30, 1873. The answer was a general denial and the statute of limitations.
Read the full summary
Contract on an account stated. Writ dated September 30, 1873. The answer was a general denial and the statute of limitations. Trial in the Superior Court, before Rockwell, J., who, before verdict, at the request of the parties, withdrew the case from the jury and reported it for the determination of this court, in substance as follows: It appeared that the parties had been in partnership as manufacturers for several years prior to 1860, at Fall River and at Westport, and that they dissolved about January 1, 1860, the plaintiff taking the property at Fall River, and the defendant that at…
1Opinion of the CourtWells, J.
An “ account stated ” is an acknowledgment of the existing condition of liability between the parties. From it the law implies a promise to pay whatever balance is thus acknowledged to be due. It thereby becomes a new and independent cause of action, so far as that a recovery may be had upon it without setting forth or proving the separate items of liability from which the balance results. Under the law as it existed prior to the St. of 9 Geo. IV. c. 14, in England, and the St. of 1834, o. 182, in this Commonwealth, the limitation of the right of action would run, in all cases, from the date…
2Cases cited2 opinions
- Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
- Flippin v. HaysCourt of Appeals of Kentucky · 1860
3Cited by47 opinions
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- Vanbebber v. PlunkettOregon Supreme Court · 1895
- Sperry v. Estate of MooreMichigan Supreme Court · 1880
- Martyn v. J. E. Amold & Co.Supreme Court of Florida · 1895
- Berwin v. LevensonMassachusetts Supreme Judicial Court · 1942
42 more not listed; retrieve them via the Exa API.