Reports of Cases Determined in the Court of Chancery, and in the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals, of the State o

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1854 Excerpt: ... COURT OF ERRORS AND APPEALS, MARCH TERM, 1854. William Potts, trustee, et al, Appellants, and Benjamin Fish and others, Respondents. The case in Chancery is reported ante, page 277. Beasley and William L. Dayton for the Appellants. C. S. Green and R. S. Field for the Respondents. The decree of the Chancellor was unanimously affirmed. INDEX. ABSENT DEFENDANT. Vide Injunction, 5. ACCOUNT. Vide Practice, 1. Corporation, 2, 3. Executors and Administrators, I, 2, 3. Trust, and Trustee, 1, 5. Evi-dence, 1. Waste, 1. Mortgage, 4. ACCOUNT (SETTLED.) 1. The rule that, where the complainant goes for a general ac-count, and it turns out that there has been a settled account, he must amend, and surcharge and falsify, supposes that an account has been given by the defendant. Vandyke v. Brown. 657 2. If, on a bill for an account, the Court, upon the evidence, is satisfied that nothing is duo the complainant, no order to account should be made. Campbell v. Adm'r of Camp-bell. 738 3. A settled account will be deemed conclusive between the parties, unless some fraud, mistake, omission or inaccuracy be shown; and in cases of settled accounts the Court will not, generally, open the account, but will, at most, only grant liberty to surcharge and falsify, unless in cases of ap-parent fraud. Brown and others v. Vandyke. 795 4. In order to make an account a stated account, it is not ne. cessary that it be signed by the parties. lb. 5. Between merchants at home, an account which has been presented, and no objection made thereto after the lapse of several posts, is treated, under ordinary circumstances, as being, by acquiescence, a stated account. lb. 6. Where a complainant files a bill for a general account, and the defendant sets forth a stated one, the complainant must amend his...