O'Hanlon Co. v. Jess
Montana Supreme Court
Appeal from District Court, Blaine County; W. B. Rhoades, Judge. Action by the Thos. O’Hanlon Company, Incorporated, against Henry Jess, Jr., and wife. Judgment for defendants and plaintiff appeals. Where an account is rendered by one person to another, the retention of the same by the latter beyond a reasonable time without objection is evidence of his assent to the correctness of - the account and accordingly is evidence of an account stated.
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Appeal from District Court, Blaine County; W. B. Rhoades, Judge. Action by the Thos. O’Hanlon Company, Incorporated, against Henry Jess, Jr., and wife. Judgment for defendants and plaintiff appeals. Where an account is rendered by one person to another, the retention of the same by the latter beyond a reasonable time without objection is evidence of his assent to the correctness of - the account and accordingly is evidence of an account stated. (1 Corpus Juris, 691.) The statute of limitations begins to run against an account stated at the time of the rendering of the account. An account…
1Opinion of the CourtJustice Hurly
This action originated in the justice court on February 7, 1917. Upon appeal to the district court a stipulation was entered into between the parties, which, so far as necessary to this decision, was to the effect that the plaintiff furnished to defendant Henry Jess, Jr., goods, wares and merchandise, between August 25, 1909, and May 2, 1913, and that on May 31, 1913, plaintiff rendered to defendant a statement showing balance due upon the account, to the correctness of which defendant never objected until after action brought, and contained an admission upon the part of the defendant that…
2Cases cited6 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Figge v. BergenthalWisconsin Supreme Court · 1907
- Martin v. HeinzeMontana Supreme Court · 1904
- Johnson v. Gallatin Valley Milling Co.Montana Supreme Court · 1909
- Baird v. CrankCalifornia Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Norum v. Ohio Oil Co.Montana Supreme Court · 1928
- Hamlin v. FlickWashington Supreme Court · 1924
- Murphy v. SmithArizona Supreme Court · 1924
- Diettrich Bros., Inc. v. AndersonWashington Supreme Court · 1935
- Hemenover v. LynipCalifornia Court of Appeal · 1930
13 more not listed; retrieve them via the Exa API.