McArthur v. McCoy
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by Fred J. McArthur, successor, etc., against E. F. McCoy. From a judgment for plaintiff, defendant appeals. An account, which consists entirely of charges upon one side, and credit for cash payment on the other, is not “an open, mutual and current account where there have been reciprocal demands between the parties,” within the meaning of the statute.
Read the full summary
Appeal from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by Fred J. McArthur, successor, etc., against E. F. McCoy. From a judgment for plaintiff, defendant appeals. An account, which consists entirely of charges upon one side, and credit for cash payment on the other, is not “an open, mutual and current account where there have been reciprocal demands between the parties,” within the meaning of the statute. Green v. Disbrow, 79 N. Y. i; Weatherwax v. Consumnes V. Mill Co., 17 Cal. 351; Norton v. Larco, 30 Cal. 132; Adams v. Blinn, 35 Cal. 122; Taylor v. Parker, 17 Minn. 469;…
1Opinion of the CourtFuller, P. J.
This action was commenced. on the 17th day of August, 1903, to recover the amount of the following items of account, less $22 paid and credited thereon September 7, 1896:
*3161896 Jul. 28. To one Harvester King Pleader ........$127.00
Jul. 29. Setting up header ..................... 3.00
Dec. 22. Expense of- man and team trying to collect
George B. Daley’s note, at request of E.
E. McCoy ........................ 2.50
1897 May 3. One C. 486 .......................... .50
Aug. 18. One 1460 ........................... 1.00
One 1062 ........................... .60
$134.60
The only point saved for review…
2Cases cited11 opinions
- Matter of Application of GardnerNew York Court of Appeals · 1886
- In re the Estate of HiscockMichigan Supreme Court · 1890
- Fitzpatrick v. Estate of PhelanWisconsin Supreme Court · 1883
- Perrill v. NicholsIndiana Supreme Court · 1883
- Maxfield v. SchwartzSupreme Court of Minnesota · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- F. M. Slagle & Co. v. BushnellSouth Dakota Supreme Court · 1944
- St. Francis Valley Lumber Co. v. OrcuttSupreme Court of Arkansas · 1927
- AM General Holdings LLC v. The Renco Group, Inc. & The Renco Group, Inc. v. MacAndrews AMG Holdings LLCCourt of Chancery of Delaware · 2016