Payne v. Walker
Michigan Supreme Court
Error to Genesee Circuit. This was an action to recover for legal services rendered between 184=8 or 184=9 and June, 1871. Payments had been received in 1851, 1856, 1860, and 1871. In 1852 or 1853 an account of charges and credits up to that time, was presented to defendant, who made no objection to it, but no balance was struck, and no payment was made thereon.
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Error to Genesee Circuit. This was an action to recover for legal services rendered between 184=8 or 184=9 and June, 1871. Payments had been received in 1851, 1856, 1860, and 1871. In 1852 or 1853 an account of charges and credits up to that time, was presented to defendant, who made no objection to it, but no balance was struck, and no payment was made thereon. The business done in justice’s court was entered in a little memorandum book which plaintiff carried in his pocket; and the business done in courts of record was entered in plaintiff’s law register as it was done, but generally the…
1Per curiam
' The first objection made to the judgment in this cause, is disposed of by the case of White v. Campbell, 25 Mich., 463.
*63The second raises the question, whether payments upon an account are sufficient to render it an open and mutual account so as to prevent the remedy thereon being barred by the statute of limitations. "We think the circuit judge was correct in holding that they are.
The third objection we think equally untenable. Where an attorney’s services are minuted in his register and other proper memorandum books, it is sufficient for the purposes of an account current in the law; and…
2Cases cited1 opinion
- White v. CampbellMichigan Supreme Court · 1872
3Cited by6 opinions
- Goodsole v. JefferyMichigan Supreme Court · 1918
- Hollywood v. ReedMichigan Supreme Court · 1884
- Fuerbringer v. HermanMichigan Supreme Court · 1923
- Kansas City Commercial Photo View Co. v. Kansas City Bridge Co.Missouri Court of Appeals · 1921
- Curry v. RaichMichigan Supreme Court · 1928
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