Anding v. Levy
Mississippi Supreme Court
Appeal from the Circuit Court of Lincoln County. Hon. J. B. ChrismaN, Judge, did not sit in this case, but Hon. A. G. Maters presided by interchange. The appellee, her husband joining for conformity, sued the appellant in assumpsit for $276.77 on an open account sworn to under the statute consisting of $616.77 of debits extending from March to December, 1877, with credits thereon undated, amounting to $340, and not applied to any particular items of debit.
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Appeal from the Circuit Court of Lincoln County. Hon. J. B. ChrismaN, Judge, did not sit in this case, but Hon. A. G. Maters presided by interchange. The appellee, her husband joining for conformity, sued the appellant in assumpsit for $276.77 on an open account sworn to under the statute consisting of $616.77 of debits extending from March to December, 1877, with credits thereon undated, amounting to $340, and not applied to any particular items of debit. The defendant pleaded the general issue with counter affidavit denying certain items, and a special plea that the plaintiff had not taken…
1Opinion of the CourtGeorge, C. J.
This was an action by a merchant against a customer to recover an open account accruing during the year 1877. One of the defences set up by the defendant was, that the plaintiff had failed to take out a license as a merchant within thirty days from May 1,1877, and until August 1 of that year. And he insisted that not only so much of the account as was created during the term in which the plaintiff was in default was not collectible, but that the whole amount, including that part of it which was created subsequent to the time when the tax license had been obtained, was illegal and void.
The…
2Cases cited23 opinions
- Steamship Co. v. JoliffeSupreme Court of the United States · 1865
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- Stenton v. . JeromeNew York Court of Appeals · 1873
- White v. CampbellMichigan Supreme Court · 1872
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3Cited by26 opinions
- Rodkinson v. HaeckerNew York Court of Appeals · 1928
- Willcox v. EdwardsCalifornia Supreme Court · 1912
- Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Hewlings v. StateCalifornia Supreme Court · 1908
- Englebert v. TroxellNebraska Supreme Court · 1894
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