Abbay v. Hill
Mississippi Supreme Court
Appeal and Cross-Appeal from the Circuit Court of Tunica County. Hon. J. G. Hall, Chancellor. Eichard Abbay, who was the owner of two large plantations in Tunica County, and also a large amount of personal property, appointed his son, E. F. Abbay, his' agent, to conduct the planting and attend to all the business connected with these plantations.
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Appeal and Cross-Appeal from the Circuit Court of Tunica County. Hon. J. G. Hall, Chancellor. Eichard Abbay, who was the owner of two large plantations in Tunica County, and also a large amount of personal property, appointed his son, E. F. Abbay, his' agent, to conduct the planting and attend to all the business connected with these plantations. In 1870 he had his account with Hill, Fontaine & Co., cotton factors and grocery merchants in Memphis, changed from his own name to that of his son. From that date on E. F. Abbay would buy provisions and plantation supplies from Hill, Fontaine & Co.…
1Opinion of the CourtArnold, J.
The account of Hill, Fontaine & Co. was not barred by the three years’ statute of limitations. This account had never been settled. There were mutual dealings and reciprocal demands between the parties within three years, and the items on one side of the account might have been offset against the items on the other pro tanto. It was a mutual and open current account within the meaning of § 2671 of the code, which provides that “ in all actions brought to recover the balance due upon a mutual and open current account, the cause of action shall be deemed to have accrued at the time of the true…
2Cases cited4 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Abbey v. OwensMississippi Supreme Court · 1880
- Ales v. PlantMississippi Supreme Court · 1883
- Templeton v. TompkinsMississippi Supreme Court · 1871
3Cited by6 opinions
- Gordon v. McDougallMississippi Supreme Court · 1904
- Cudahy Packing Co. v. Miller's EstateMississippi Supreme Court · 1912
- M. G. Travis & Co. v. MosleyMississippi Supreme Court · 1927
- O'Reilly v. McGuigganMississippi Supreme Court · 1907
- Rainey v. RaineyMississippi Supreme Court · 1920
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