Bullock v. Boyd
New York Court of Chancery
Exception had been taken to a master’s report allowing an exception to an answer for insufficiency. The object of the bill, so far as there is any present occasion to refer to it, was to ascertain the amount of one Williara Lampson’s indebtedness to the defendants on the tenth day .of November one thousand eight hundred and twenty seven, when the complainant assumed the debt and entered hito a covenant to pay it.
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Exception had been taken to a master’s report allowing an exception to an answer for insufficiency. The object of the bill, so far as there is any present occasion to refer to it, was to ascertain the amount of one Williara Lampson’s indebtedness to the defendants on the tenth day .of November one thousand eight hundred and twenty seven, when the complainant assumed the debt and entered hito a covenant to pay it. The latter alleged in his bill that it was then represented by the defendants not to exceed eight thousand dollarswhile they denied making such a representation and gave an…
1Opinion of the Court
The Vice Chancellor:
The statements in the answer are undoubtedly sufficient, in the first instance, to show a stated account between the debtor and creditor; and between the defendants and the present complainant it is as valid and binding as between them and Lampson.
In .order to entitle Lampson or the complainant to have the accounts opened, it would be necessary that they should *295point out errors or charge fraud in the present or preceding accounts whicli form the series from the commencement of their dealings. This has not been done.
The principal allegations in the bill, upon the subject of…
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