Hendy v. March
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayhe, C.
—Action on an account stated. The court found that the account was stated as alleged. The defendant contends that the finding is not sustained by the evidence.
There being a substantial conflict, it must be assumed at this stage of the case that the version of the plaintiff's witnesses is the true one. According to them, the account was made up and presented to the defendant, who went over it with the expert, and “ made no objections whatever to the account,” from the time it was presented to him in August, 1881, “ until after this suit was brought,” which was on ' November 25th of…
2Cases cited5 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Mumford v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1822
- Terry v. SicklesCalifornia Supreme Court · 1859
- Carey v. The Phila. & Cal. Petrol. Co.California Supreme Court · 1867
- Hinton v. LawSupreme Court of Missouri · 1847
3Cited by37 opinions
- Trafton v. YoungbloodCalifornia Supreme Court · 1968
- Shapiro v. Equitable Life Assurance SocietyCalifornia Court of Appeal · 1946
- Wise v. RadisCalifornia Court of Appeal · 1925
- Gardner v. WatsonCalifornia Supreme Court · 1915
- Wrightson v. DoughertyCalifornia Supreme Court · 1936
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