E. & H. T. Anthony & Co. v. Savage
Utah Supreme Court
Appeal from the Third Judicial District Court. The complaint contained two counts, both for the same cause of action. The first count was for a balance of account tor money paid, and the second on an alleged account stated.
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Appeal from the Third Judicial District Court. The complaint contained two counts, both for the same cause of action. The first count was for a balance of account tor money paid, and the second on an alleged account stated. The trial developed the fact that both counts were for an indebtedness created prior to 1870, and which had from time to time been reduced by cash payments, leaving due two unpaid acceptances in the fall of 1870. The defendant, being indebted to plaintiffs in a large amount, gave them several acceptances in settlement of the account. Defendant not paying all the…
1Opinion of the CourtBoeemaN, J.
The complaint contains two counts; the first for a balance due 3d August, 1875, on account for money due and owing from defendant below (appellant here) to the plaintiffs below (respondents here), and the second upon an account stated between the parties on the 7th October, 1874.
The answer denies the indebtedness on the first count, and pleads the statute of limitation (four years) thereto.
The answer also denies that any account was ever stated *470between the parties, and denied the alleged promise to pay the amount alleged to bave been found due or any other sum.
The cause was submitted to a…
2Cases cited5 opinions
- McCormick v. BrownCalifornia Supreme Court · 1868
- Chace v. TraffordMassachusetts Supreme Judicial Court · 1875
- Norton v. LarcoCalifornia Supreme Court · 1866
- Weatherwax v. Cosumnes Valley Mill Co.California Supreme Court · 1861
- Boukofsky v. PowersUtah Supreme Court · 1876
3Cited by5 opinions
- Ireland v. MackintoshUtah Supreme Court · 1900
- Salt Lake Transfer Co. v. ShurtliffUtah Supreme Court · 1934
- Gruenberg v. BuhringUtah Supreme Court · 1888
- Oberndorfer v. MoyerUtah Supreme Court · 1906
- Anthony v. SavageUtah Supreme Court · 1883