Griffith v. Hicks
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; An account stated is not of itself conclusive but is open to rebuttal by competent testimony. Jones, Commentaries on Evidence, Yol. 2, § 287. Whether the balance contained in an account rendered was admitted by the debtor so as to make the account an account stated in a question of fact for the consideration of the jury.
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Appeal from White Circuit Court; J. M. Jackson, Judge; An account stated is not of itself conclusive but is open to rebuttal by competent testimony. Jones, Commentaries on Evidence, Yol. 2, § 287. Whether the balance contained in an account rendered was admitted by the debtor so as to make the account an account stated in a question of fact for the consideration of the jury. Yol. 1 R. C. L. p. 211, § 9. The presumption of acquiescence in an account rendered arising from the fact that no objection thereto is made within a reasonable time is not conclusive, but only evidence of an admission,…
1Opinion of the CourtSmith, J.
This is a suit filed by áppellee Hicks against appellant Griffith upon a statement of an account which is alleged to have become an account stated:
Hicks was a resident of this State until 1916, when he removed to St. Louis, where he has since resided. Griffith is also a resident of that city. Hicks was for many years the attorney in this State for Griffith, whose interests here were varied and valuable. The professional relation was mutually satisfactory, and the personal relation was close and cordial, as shown by the. correspondence between the parties offered in evidence.
Griffith is shown…
2Cases cited6 opinions
- Powell v. Pacific RailroadSupreme Court of Missouri · 1877
- Kenneth Investment Co. v. National BankMissouri Court of Appeals · 1902
- Dunavant v. FieldsSupreme Court of Arkansas · 1901
- Missouri Pacific Railway Co. v. B. F. Coombs & Brother Commission Co.Missouri Court of Appeals · 1897
- Bloss v. Aurora Milling Co.Missouri Court of Appeals · 1921
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Meagher v. KavliSupreme Court of Minnesota · 1958
- Nelson v. Chicago Mill & Lumber CorporationCourt of Appeals for the Eighth Circuit · 1935
- Larocca v. American Chain & Cable Co., Inc.New Jersey Superior Court Appellate Division · 1952
- Hawkins v. Delta Spindle of Blytheville, Inc.Supreme Court of Arkansas · 1968
- Zander v. Lutheran BrotherhoodCourt of Appeals for the Eighth Circuit · 1943
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