Legal Opinion

Chena Lumber & Light Co. v. Laymon

District Court, D. Alaska

Decided September 20, 1910No. 1541Published

This is an action for an accounting upon an account alleged to have been stated in the sum of $521.10, on or about the 25th day of August, 1909, at Chena, Alaska, upon which a payment of $50 had been made, leaving a balance of $471.10 due and owing since August 25, 1909. The answer denies the accounting, that the defendant is indebted in the sum of $471.10, or in any sum whatever, or that a payment of $50 was made upon the above account.

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This is an action for an accounting upon an account alleged to have been stated in the sum of $521.10, on or about the 25th day of August, 1909, at Chena, Alaska, upon which a payment of $50 had been made, leaving a balance of $471.10 due and owing since August 25, 1909. The answer denies the accounting, that the defendant is indebted in the sum of $471.10, or in any sum whatever, or that a payment of $50 was made upon the above account. The facts show: That Rochon owned a certain frame building, for and in consideration of which he had purchased from the defendant corporation, and its…

1Opinion of the Court

OVERFIELD, District Judge.

The defendant contends that there was no account stated on August 14, 1909, as to the item of $409.90, alleged to be due on the debt and mortgage owed to plaintiff by one Rochon, the predecessor in interest of Laymon, the defendant herein. That it was a debt owing originally by Rochon to Harrais for lumber used in the construction of the building, which building was by bill of salé, and while in his possession, transferred by Rochon to Laymon.

It appears that Harrais’ interests were subsequently, and prior to the beginning of this action, assigned to the plaintiff.…

2Cases cited17 opinions

  1. Emerson v. SlaterSupreme Court of the United States · 1860
  2. White v. . RintoulNew York Court of Appeals · 1888
  3. Feldman v. McGuireOregon Supreme Court · 1899
  4. Borland v. Nevada BankCalifornia Supreme Court · 1893
  5. First National Bank of Sing Sing v. ChalmersNew York Court of Appeals · 1895

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