Safford v. Barney
Massachusetts Supreme Judicial Court
Contract, against the administrator of Ira G. Bean, on the following account annexed: “ Ira G. Bean to E. H. Safford, Dr. For the Essex Banner (weekly newspaper) from January 1, 1848, to January 1, 1874, 26 years, at $2 $52.00 “ Interest, 30.00 $82.00 “ Spring of 1873, credit by making stands, 8.00 “ Balance claimed at date of writ, $74.00 ” Writ dated Feb. 3, 1876. The case was submitted to the Superior Court, and, after judgment for the plaintiff for the balance claimed,…
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Contract, against the administrator of Ira G. Bean, on the following account annexed: “ Ira G. Bean to E. H. Safford, Dr. For the Essex Banner (weekly newspaper) from January 1, 1848, to January 1, 1874, 26 years, at $2 $52.00 “ Interest, 30.00 $82.00 “ Spring of 1873, credit by making stands, 8.00 “ Balance claimed at date of writ, $74.00 ” Writ dated Feb. 3, 1876. The case was submitted to the Superior Court, and, after judgment for the plaintiff for the balance claimed, to this court, on appeal, on an agreed statement of facts in substance as follows: The newspaper was delivered weekly to…
1Opinion of the CourtGray, C. J.
Under the Gen. Sts. <?. 155, § 5, which provide that, “ in actions of contract, brought to recover the balance due upon a mutual and open account current, the cause of action shall be deemed to have accrued at the time of the last item proved in the account,” it is sufficient to prove mutual deal ings between the parties, consisting of sales made, or services performed, by each party, to or for the other, creating mutual debts, and which by mutual agreement are to be set off against one another, and are entered in an account stated by the plaintiff, even if no balance has been struck; and the…
2Cases cited1 opinion
- Flippin v. HaysCourt of Appeals of Kentucky · 1860
3Cited by8 opinions
- Markiewicz v. TotonMassachusetts Supreme Judicial Court · 1935
- Day v. MayoMassachusetts Supreme Judicial Court · 1891
- Kennedy v. DrakeMassachusetts Supreme Judicial Court · 1916
- Eldridge v. SmithMassachusetts Supreme Judicial Court · 1887
- Harding v. CovellMassachusetts Supreme Judicial Court · 1914
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