Martin v. Heinze
Montana Supreme Court
Appeal from, District Court, Silver Bow County; E. W. Harney, Judge. Action by Samuel D. Martin against F. Aug. Heinze. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. An account stated dispenses with items, and the defendant in an action upon such an account is not entitled to a bill of particulars.
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Appeal from, District Court, Silver Bow County; E. W. Harney, Judge. Action by Samuel D. Martin against F. Aug. Heinze. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. An account stated dispenses with items, and the defendant in an action upon such an account is not entitled to a bill of particulars. (Code of Civil Procedure, Sec. 743; Conner v. Hutchinson, 17 Cal. 278; Providence Tool Co. v. Prader, 32 Cal. 634, 638; Estee’s PI. and Forms, 4th Ed., Yol. 1, p. 425; Holmes v. Page, (Oregon) 23 Pac. 961; Ameráis v. Naglee, (Cal.) 15 Pac. 371; Hendy v.…
1Opinion of the Court
ME. CHIEF .JUSTICE BEANTLY
delivered the opinion of the court.
In this action the plaintiff seeks to recover from the defendant the sum of $12,665, balance alleged to be due upon an account stated. It is alleged that on September 8, 1900, in Butte City, Montana, an accounting and settlement was had between the plaintiff and the defendant; that then and thereupon an account was stated between them; that upon such statement a balance of $20,665 was found due to the plaintiff from the defendant; and that the defendant then and there agreed to pay the same to plaintiff. It is further alleged that…
2Cases cited7 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Volkening v. . DegraafNew York Court of Appeals · 1880
- Coffee v. WilliamsCalifornia Supreme Court · 1894
- Hawkins Co. v. . LongSupreme Court of North Carolina · 1876
- Kronenberger v. BinzSupreme Court of Missouri · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
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- Mayger v. St. Louis Mining & Milling Co.Montana Supreme Court · 1923
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