Bourke v. James & Kneeland
Michigan Supreme Court
Error to Wayne Circuit. The defendant in error sued the plaintiff in error upon an account which included a bill of goods sold to one Nolan, on account of the plaintiff in error, and by authority of his clerk. As to the authority of the clerk to give the order in favor of Nolan, upon which, the goods were sold, the testimony was conflicting, and it was sought to establish such authority by showing the custom among merchants in that particular.
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Error to Wayne Circuit. The defendant in error sued the plaintiff in error upon an account which included a bill of goods sold to one Nolan, on account of the plaintiff in error, and by authority of his clerk. As to the authority of the clerk to give the order in favor of Nolan, upon which, the goods were sold, the testimony was conflicting, and it was sought to establish such authority by showing the custom among merchants in that particular. The defendants in error, prior to the suit, presented their account, including the bill sold Nolan, to the plaintiff in error for payment, but he…
1Opinion of the Court
By the Court,
Martin, J.
We find no error in the record and proceedings in this case which calls for the interposition of this Court. While, it is true, as a general proposition, that settlement of accounts between parties is, prima facie, a settlement of all accounts, yet, as there was evidence in this case'tending to show that the demand for which this action is brought was expressly excluded from the settlement of the 14th of February, 1854, the Circuit Judge very properly left it to the jury to determine what was settled, and whether the facts attending the settlement showed a…
2Cited by8 opinions
- Polhemus v. Ann Arbor Savings BankMichigan Supreme Court · 1873
- Pickel v. St. Louis Chamber of Commerce Ass'nMissouri Court of Appeals · 1881
- Ricker v. DavisSupreme Court of Iowa · 1913
- Linville v. State ex rel. Board of CommissionersIndiana Supreme Court · 1892
- Lyle v. Cass Circuit JudgeMichigan Supreme Court · 1909
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