Orr Water Ditch Co. v. Reno Water Co.
Nevada Supreme Court
Appeal from the District Court of the Secpnd Judicial District, Waslioe County. The facts are stated in the opinion. I. An account stated is conclusive between the parties, and can only bo impeached for fraud or mistake — something that is neither pleaded nor relied on by the defendant in this case. (Lockwood v. Thorne, 11 N. Y. 170; Branger v. Chevalier, 9 Cal. 353.) II. The persons drawing the check were trustees of the corporation.
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Appeal from the District Court of the Secpnd Judicial District, Waslioe County. The facts are stated in the opinion. I. An account stated is conclusive between the parties, and can only bo impeached for fraud or mistake — something that is neither pleaded nor relied on by the defendant in this case. (Lockwood v. Thorne, 11 N. Y. 170; Branger v. Chevalier, 9 Cal. 353.) II. The persons drawing the check were trustees of the corporation. They were duly elected, entered upon the discharge of their duties, constructed some portions of the Reno Water Works, and never resigned; nor were any…
1Opinion of the Court
By the Court,
Hawley, J.:
Appellant is a corporation owning a water ditch for irrigating purposes.
Respondent is a corporation and supplies water to the citizens of Reno.
This action was brought to recover one thousand one hundred and thirty-eight dollars and sixty-five cents upon a check signed by B. F. Leete, as president, and A. H. Manning, as secretary, of the Reno Water Company, and upon an account stated for that amount.
It appears that in 1875 a contract was made between the parties to this suit, whereby the plaintiff agreed to furnish a certain quantity of water to the defendant, and, in…
2Cases cited3 opinions
- State ex rel. Corey v. CurtisNevada Supreme Court · 1874
- State ex rel. Rankin v. LeeteNevada Supreme Court · 1881
- Conway v. City of St. LouisMissouri Court of Appeals · 1881
3Cited by2 opinions
- Oudin & Bergman Fire Clay Mining & Manufacturing Co. v. ConlanWashington Supreme Court · 1904
- Orr Water Ditch Co. v. Reno Water Co.Nevada Supreme Court · 1885