Porter v. Price
Court of Appeals for the Eighth Circuit
In Error to tbe Circuit Court of the United States for the Eastern District of Arkansas. In the year 1880 the defendant N. B. Price, a farmer and merchant residing and doing business at Mt.
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In Error to tbe Circuit Court of the United States for the Eastern District of Arkansas. In the year 1880 the defendant N. B. Price, a farmer and merchant residing and doing business at Mt. Adams, in the state of Arkansas, began doing business with the firm of Porter, Taylor & Co., cotton brokers, commission merchants, and grocers, at Memphis, in the state of Tennessee, which firm consisted of the plaintiffs and one Taylor, who withdrew from the business the next year, and thereafter the plaintiffs alone, under the firm name of Porter & Macrae, continued the same business, and the dealing…
1Opinion of the CourtLochren, District Judge
Where an itemized account showing a balance is duly rendered, the party receiving it is bound within a reasonable time to examine the same, or procure some one to examine it, and object if he disputes its correctness. If he omit to do so, he will be deemed, from his silence, to have acquiesced, and will be bound by it as an account stated in the absence of fraud or mistake. Lockwood v. Thorne, 11 N. Y. 170; Davenport v. Wheeler, 7 Cow. 231; Wiggins v. Burkham, 10 Wall. 129; Philips v. Belden, 2 Edw. Ch. 1; Langdon v. Roane, 6 Ala. 518; Oil Co. v. Van Etten, 107 U. S. 325,1 Sup. Ct. 178; Bank…
2Cases cited12 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Wiggins v. BurkhamSupreme Court of the United States · 1870
- Oil Co. v. Van EttenSupreme Court of the United States · 1882
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- Cockle v. FlackSupreme Court of the United States · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Fitzgerald v. First Nat. Bank of Rapid CityCourt of Appeals for the Eighth Circuit · 1902
- Patillo v. Allen-West Commission Co.Court of Appeals for the Eighth Circuit · 1904
- United States v. Skinner & Eddy CorporationCourt of Appeals for the Ninth Circuit · 1929
- Allen-West Commission Co. v. PatilloCourt of Appeals for the Eighth Circuit · 1898
- Stanford v. CoramMontana Supreme Court · 1902
7 more not listed; retrieve them via the Exa API.