American Woolen Co. v. Maaget
Supreme Court of Connecticut
Assumpsit on a manufacturer’s account, brought to and tried by the Superior Court .in Fairfield County, Curtis, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. The plaintiff, a manufacturer of woolen cloths, had for several years prior to this action sold goods to the defendant, a manufacturer of clothing. The plaintiff kept an open account of said sales on its books, and entered the same when made but not in the order of delivery.
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Assumpsit on a manufacturer’s account, brought to and tried by the Superior Court .in Fairfield County, Curtis, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. The plaintiff, a manufacturer of woolen cloths, had for several years prior to this action sold goods to the defendant, a manufacturer of clothing. The plaintiff kept an open account of said sales on its books, and entered the same when made but not in the order of delivery. The said account comprised, under different columns: the date of each sale, the identifying number of the goods, the terms of…
1Opinion of the CourtWheeler, J.
The appeal raises three questions the decision of which are necessary to the determination of this cause:—
1. Did the proof and allowance in the bankruptcy court of the plaintiff’s entire claim merge the cause of action involved in the claim sued on?
2. Ought the payments made prior to this action to have been credited upon the items of the account in suit?
3. Ought the payments made subsequent to this -action to have been credited upon the items of the account in suit?
We will take up, in order, these questions.
1. The plaintiff brought its action against the defendant upon the items of group one…
2Cases cited41 opinions
- National Bank of the Commonwealth v. Mechanics' National BankSupreme Court of the United States · 1877
- Wiswall v. CampbellSupreme Court of the United States · 1876
- Lockwood v. CrawfordSupreme Court of Connecticut · 1847
- Crompton v. PrattMassachusetts Supreme Judicial Court · 1870
- Stamford Bank v. BenedictSupreme Court of Connecticut · 1843
36 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Artman v. ArtmanSupreme Court of Connecticut · 1930
- McDonald v. Hartford Trust Co.Supreme Court of Connecticut · 1926
- Davis v. DavisSupreme Court of Connecticut · 1934
- Worth v. DunnSupreme Court of Connecticut · 1922
- Jump v. Ensign-Bickford Co.Supreme Court of Connecticut · 1933
23 more not listed; retrieve them via the Exa API.