Brown & Manzanares Co. v. Gise
New Mexico Supreme Court
Appeal from tbe District Court for San Miguel county, before William J. Mills, Chief Justice. Where defendant claims that he was entitled to greater credit per year on an account running for several years but did not object to the amount against him as otherwise incorrect, it is only an acknowledgment of the correctness of account as far as the items are concerned and the amount of each item, but not as to the correctness of the general account so as to exclude the balances…
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Appeal from tbe District Court for San Miguel county, before William J. Mills, Chief Justice. Where defendant claims that he was entitled to greater credit per year on an account running for several years but did not object to the amount against him as otherwise incorrect, it is only an acknowledgment of the correctness of account as far as the items are concerned and the amount of each item, but not as to the correctness of the general account so as to exclude the balances after a consideration of the claims of the other parties, that is, that they woqld not have effect of a stated account…
1Opinion of the CourtPakker, J.
It appears that the appellant was employed by appellee from 1893 to 1902 in the capacity of book-keeper, and cashier, and was also a director of the-plaintiff corporation. During this time an account was-carried in the books of appellee with appellant in which were charged goods and money, as received by appellant, and in which was credited monthly salary and extra allowances at the end of each month. At the end of each fiscal year of appellee the account was balanced and the balance brought down as the first item of the next year’s account. Interest at six per cent, per annum was charged or…
2Cases cited8 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Oil Co. v. Van EttenSupreme Court of the United States · 1882
- Chace v. TraffordMassachusetts Supreme Judicial Court · 1875
- Porter v. Chicago, Iowa & Dakota Railway Co.Supreme Court of Iowa · 1896
- Fleischner, Mayer & Co. v. KubliOregon Supreme Court · 1891
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3Cited by3 opinions
- Parker v. Shell Oil Co.California Supreme Court · 1946
- Hinkle, Cox, Eaton, Coffield & Hensley v. Cadle Co. of Ohio, Inc.New Mexico Supreme Court · 1993
- Johnson v. Keesing (In Re Antweil)United States Bankruptcy Court, D. New Mexico · 1990