Kinney v. Heatley
Oregon Supreme Court
Clatsop County. Defendants appeal. Where an account has been presented in the regular course of trade, and no objection has been made to it, it becomes thereby a stated account. (Wait’s Actions and Defenses, 194; 1 Story’s Eq. Jur., sec. 526; Freeland v. Heron, 7 Cranch, 147; Terry v. Sickles, 13 Cal. 427; White v. Hampton, 10 Iowa, 238; Murray v. Toland,, 3 Johns. Ch. 569; Stebbins v. Niles, 25 Miss. 267; Philips v. Belden, 2 Edw.
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Clatsop County. Defendants appeal. Where an account has been presented in the regular course of trade, and no objection has been made to it, it becomes thereby a stated account. (Wait’s Actions and Defenses, 194; 1 Story’s Eq. Jur., sec. 526; Freeland v. Heron, 7 Cranch, 147; Terry v. Sickles, 13 Cal. 427; White v. Hampton, 10 Iowa, 238; Murray v. Toland,, 3 Johns. Ch. 569; Stebbins v. Niles, 25 Miss. 267; Philips v. Belden, 2 Edw. Ch. 1; Baker v. Biddle, Baldw. 394, 418; Freeman y. Howell, 50 Am. Dec. 561; Dayv. Gaton, 119 Mass. 515; Claire v. Claire, 10 Neb. 57.) The law imposes a penalty…
1Opinion of the CourtThayeb, J.
This appeal is from the Circuit Court for the county of Clatsop.' The respondent brought a suit in that court against the'appellants, Heatley, Grace, and Ten Bosch, trustees of the estate of the said respondent, for the payment of certain debts, to compel them to account for the said estate, and to enjoin them from selling a certain part thereof. It is disclosed by the facts in the case that the respondent, about 1876, at Astoria, in said county, engaged in the cannery business; that he was the proprietor of a cannery, and put up fish and beef in cans for market, and sold and shipped large…
2Cited by5 opinions
- Verrell v. First Nat. BankOregon Supreme Court · 1916
- Ladd v. JohnsonOregon Supreme Court · 1897
- Robbins v. DowneyNew York Court of Common Pleas · 1892
- Coles v. ReigerHamilton Circuit Court · 1886
- Morgan v. BartletteCuyahoga Circuit Court · 1888