Weatherwax v. Cosumnes Valley Mill Co.
California Supreme Court
Appeal from the Eleventh District. Assumpsit for goods, wares and merchandise sold and delivered; for cash paid, laid out, etc., and on account stated. The suit— brought May 30th, 1859—was against Hinds and several other defendants as late partners doing business as quartz miners under the firm name of “ The Cosumnes Valley Mill Company.”
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Appeal from the Eleventh District. Assumpsit for goods, wares and merchandise sold and delivered; for cash paid, laid out, etc., and on account stated. The suit— brought May 30th, 1859—was against Hinds and several other defendants as late partners doing business as quartz miners under the firm name of “ The Cosumnes Valley Mill Company.” Hinds alone was served, and answered in substance that he had ceased to be a partner before the debt was contracted, and that it was barred by the Statute of Limitations of one year. On the trial plaintiffs introduced as a witness Bryant, one of the…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
Suit on an open account. The Statute of Limitations, among other defenses, was pleaded by defendants. It seems some payments were made by the defendants. It is not questioned that the account was due for more than a year. It is argued that these payments make the account a mutual account within the exception of the statute. (Art. 18, sec. 18, Wood’s Dig. 48.) That exception is as follows : “ In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of…
2Cited by6 opinions
- McNeil v. Garland & NashSupreme Court of Arkansas · 1871
- E. & H. T. Anthony & Co. v. SavageUtah Supreme Court · 1880
- Warren v. SweeneyNevada Supreme Court · 1868
- Floyd v. PearceMississippi Supreme Court · 1879
- Reed v. SmithIdaho Supreme Court · 1874
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