Estate of Holmes v. Fujitani
Hawaii Supreme Court
Appeal from District Magistrate, Hamakua. Statement of case. It is averred in the complaint that about February 28, 1906, “an account was stated by and between plaintiff and defendant whereby it was found that the defendant was indebted unto the plaintiff in the sum of $220.69 as balance due for goods, wares and merchandise sold and delivered by plaintiff to said defendant at defendant’s special instance and request, at divers times and dates prior to and including the said…
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Appeal from District Magistrate, Hamakua. Statement of case. It is averred in the complaint that about February 28, 1906, “an account was stated by and between plaintiff and defendant whereby it was found that the defendant was indebted unto the plaintiff in the sum of $220.69 as balance due for goods, wares and merchandise sold and delivered by plaintiff to said defendant at defendant’s special instance and request, at divers times and dates prior to and including the said 28th day of February, 1906,” the complaint being accompanied by an affidavit of the jffaintiff’s manager “that the above…
1Per curiam
The plaintiff’s case does not come within the meaning of Act. 52, S. L. 1905, of an action “founded upon an open account” supported by affidavit of the party that the account is correct; that all the goods have been delivered, and that all lawful offsets, payments and credits have been allowed, which under the statute is to be taken as prima facie evidence *576thereof unless the party resisting 'the claim file with his answer a counter affidavit stating the items which are incorrect and those which are correct, failing which counter affidavit he is not to be permitted to deny the account or any…
2Cited by1 opinion
- Coombs & Powell v. RogersHawaii Supreme Court · 1914