Reports of Cases Adjudged in the Court of Chancery of New York Volume 7

Reports of Cases Adjudged in the Court of Chancery of New York Volume 7

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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. 1824 edition. Excerpt: ...of the testator, for an account, &c., sets forth an account, and avers that he has fully administered, &.c., and has distributed the surplus, being a trifling sum, the Court will not order a reference to a Master for a further account, especially after a lapse of twelve years. Rayner v. Pearsall, 3 J. C. R. 578. 19. VVhere the charges in the bill are specific, setting forth the items of the account, with their dates, on an order of reference for an account, the inquiry is not to be opened beyond the special matter charged; although the bill may contain a general charge, at the conclusion, and a prayer for a full account concerning the premises. Conscqua v. Fanning, 3 J. C. R. 587. S. C. on Appeal, 17 J. R. 511. 20. If a merchant abroad sends goods to a merchant here, by his order, or by that of his agent, which are received with the invoice, and accepted, without objection, he cannot, afterwards, object that the goods were overcharged in price. Ibid. 21. Where a consignee of goods sells some of them on credit, and settles with the consignor, and pays him the full amount, he cannot afterwards claim to be reimbursed for any part, on the ground of a bad debt in the sale, there being no fraud or mistake in the settlement. Ibid. 22. Where a balance of an account is paid without any charge of interest, interest cannot be afterwards demanded. Ibid. See tit. Izwrnnasr. FOREIGN Luvs. Ill. U/hat is a good bar to an account; length of time. 23. The Court is unwilling to decree an account, when the transactions have become obscure and entangled by delay and time. Ray ner v.1'eanall, 3 J. C. R. 578. 24. There is, however, no precise and definite rule on this subject, but each case must depend on the exercise of a sound discretion more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • English
  • Illustrations, black and white
  • 1236814932
  • 9781236814937