Chase v. Chase
Massachusetts Supreme Judicial Court
Contract on an account stated, alleging that the plaintiff and the defendant’s testator had an accounting together and it was thereupon ascertained that the defendant’s testator owed the plaintiff certain sums of money which he agreed to pay to the plaintiff, and to account for to him.
Read the full summary
Contract on an account stated, alleging that the plaintiff and the defendant’s testator had an accounting together and it was thereupon ascertained that the defendant’s testator owed the plaintiff certain sums of money which he agreed to pay to the plaintiff, and to account for to him. Writ dated June 14, 1899. In the Superior Court the case was referred to an auditor who made certain findings of fact and concluded his report as follows: “ Upon consideration of all the evidence, I find as a fact that there was an accounting between the plaintiff and the defendant’s testate and an account…
1Opinion of the CourtLathrop, J.
We are of opinion in this case that an action at law cannot be maintained on an account stated. An account stated must be founded on previous transactions of a monetary character creating the relation of debtor and creditor. Lubbock v. Tribe, 3 M. & W. 607. Mellon v. Campbell, 11 Penn. St. 415. It cannot be made the instrument to create a liability where none before existed, but only determines the amount of a debt where liability exists. Austin v. Wilson, 33 N. Y. St. Rep. 503.
On the facts found by the auditor, there was no legal liability existing on the part of the defendant’s testator…
2Cases cited3 opinions
- Olliffe v. WellsMassachusetts Supreme Judicial Court · 1881
- Dowd v. TuckerSupreme Court of Connecticut · 1874
- Hooker v. AxfordMichigan Supreme Court · 1876
3Cited by15 opinions
- Berwin v. LevensonMassachusetts Supreme Judicial Court · 1942
- Cavanaugh Bros. Horse Co. v. GastonMassachusetts Supreme Judicial Court · 1926
- Tucker v. Columbian National Life InsuranceMassachusetts Supreme Judicial Court · 1919
- Davis v. ArnoldMassachusetts Supreme Judicial Court · 1929
- George H. Gilbert Manufacturing Co. v. GoldfineMassachusetts Supreme Judicial Court · 1945
10 more not listed; retrieve them via the Exa API.