Lark v. Cheatham
Supreme Court of Georgia
Mutual accounts. Statute of limitations. Before Judge Bower. Calhoun superior court. June term, 1887. On November 20, 1883, Cheatham filed a suit on an open account against Lark et al., executors of Hodnett.' This account included two parts, first, an account against Hodnett, made up of accounts for several-years, beginning with 1867 and terminating with 1882. Xu each year, credits (if any) were allowed for such payments as were made, and an annual balance was made and…
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Mutual accounts. Statute of limitations. Before Judge Bower. Calhoun superior court. June term, 1887. On November 20, 1883, Cheatham filed a suit on an open account against Lark et al., executors of Hodnett.' This account included two parts, first, an account against Hodnett, made up of accounts for several-years, beginning with 1867 and terminating with 1882. Xu each year, credits (if any) were allowed for such payments as were made, and an annual balance was made and carried forward as a balance, and a new account made the next year, and so on. In 1876, a general footing up or settlement…
1Opinion of the Court
Blandford, Justice.
This was an action upon an account, brought by Cheat-ham against the executors of Hodnett, deceased. The defendants pleaded payment, and accord and satisfaction, and the statute of limitations.- The court referred the case to an auditor, who found in favor of Cheatham the full amount of the account, together with compound interest thereon. Exceptions to this ruling of the auditor were taken, and the matter was referred to the judge of the superior court without the intervention of a jury; and the court overruled the exceptions and affirmed the report except as to an item of…
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