G. Wormser & Co. v. Lindauer
New Mexico Supreme Court
Error, from a judgment for defendant, to the Third Judicial District Court, Grant County. The facts are stated in the opinion of the court. When settlement has been made and balance struck, an action at law will lie for recovery of .balance. DeJarnett’s Ex’r v. McQueen, 31 Ala'. 230, 68 Am.
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Error, from a judgment for defendant, to the Third Judicial District Court, Grant County. The facts are stated in the opinion of the court. When settlement has been made and balance struck, an action at law will lie for recovery of .balance. DeJarnett’s Ex’r v. McQueen, 31 Ala'. 230, 68 Am. Dec. 164; Edgar v. Paca, 1 N. M. 613. An action at law can be maintained where there has been a final settlement of the affairs of the concern including the collection of its assets, the discharge of its liabilities, and the statement of balances. Russell v. Byron, 2 Cal. 86; Ross v. Cornell, 45 Id. 133;…
1Opinion of the Court
COLLIER, J.-
The plaintiffs in error sued Sigmund Lindauer in the district court of Grant county describing themselves as Gustav Wormser and Isaac Wormser “partners doing business at the town of Deming in said county of Grant under the firm name and style of G. Wormser & Co.,” the action being assumpsit. The declaration alleges an indebtedness of $8,713.12 upon open account, and with it was filed a verified account with the caption, “Mr. Sigmund Lindauer in .acct. with G. Wormser & Co. Dr.,” showing debits and credits beginning with June 4, 1891, and extending down to October 1, 1894. The…
2Cases cited3 opinions
- Quackenbush v. SawyerCalifornia Supreme Court · 1880
- Chapman v. EamesSupreme Judicial Court of Maine · 1877
- Farrar v. PearsonSupreme Judicial Court of Maine · 1871
3Cited by1 opinion
- McCulloh v. DoyleNew Mexico Supreme Court · 1936