Central Reporter; All Cases Determined in the Courts of Last Resort Volume 2

Central Reporter; All Cases Determined in the Courts of Last Resort Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...necessary for it to establish that there had been a clearance of the statements under which a recovery was claimed, and that a balance had been struck in favor of Oddie & Co. which made out a demand in the nature of an account stated and thus created a liability against the defendant. It is claimed that Oddie & Co. having presented to defendant, on the 34th of Sep., 1869, two separate and distinct statements, both of which were cleared, the plaintiff is entitled to recover a balance of $7,282.50 currency, alleged to be due Oddie & Co. on the first statement, and $10,000 gold, on the second statement. The referee upon the trial held that there was no clearance by the defendant as to the first statement and that there was as to the second: and it appears from his opinion he decided that the non-clearance of the first statement was owing to the default of Belden & Co., one of the contractors mentioned in said statement, in not filing their statement with defendant; and as to the second, it not being treated as a part of the first, was treated as an independent statement of any of its other dealers; and, not being open to the same objection as the first, was cleared and the defendant thus became the holder of $40,000 gold belonging to Oddie & Co. for which they could draw at once; and that the defendant recognized this by paying $30,000 on account which was indorsed on the statement, leaving a balance of $10,000 gold due Oddie & Co. It would seem that the statements of Oddie & Co. were cleared, with the exception of the item therein stated as that of Belden & Co., and that no controversy exists as to any other item of the statements. Belden & Co. failed on the morning of the day when these transactions...show more

Product details

  • Paperback
  • 189 x 246 x 49mm | 1,715g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236572637
  • 9781236572639