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Gwinn v. Hamilton

Supreme Court of California
Aug 29, 1885
7 P. 837 (Cal. 1885)

Opinion

         Commissioners' decision.

         Department 1. Appeal from superior court, Sacramento county.

          SYLLABUS

         ACTION ON OPEN ACCOUNT -- WHAT MAY BE RECOVERED.

         In an action on an account, where there are not reciprocal demands, the plaintiff can only recover for items which accrued within the last two years proceeding the commencement of the suit.

         Ball & Craig and Beatty & Denson, for appellant.

         Henry Edgerton and Ad. C. Hinkson, for respondent.


         FOOTE, C., We concur: BELCHER, C. C.; SEARLS, C.

          OPINION

          FOOTE, C.

         Action on "an open, mutual, and current account." The account sued on was not reciprocal in its demands, and is not within the provisions of section 344, Code Civil Proc. All that the plaintiff was entitled to recover were the charges made for the last two years of Belden Gwinn's service as a man of all work in his father's employ. We perceive no further error on the part of the court in the case. The judgment and order should be reversed and the cause remanded.

         We concur: BELCHER, C. C.; SEARLS, C.

         BY THE COURT.

         For the reasons given in the foregoing opinion the judgment and order are reversed and the cause remanded.


Summaries of

Gwinn v. Hamilton

Supreme Court of California
Aug 29, 1885
7 P. 837 (Cal. 1885)
Case details for

Gwinn v. Hamilton

Case Details

Full title:GWINN, Adm'r, v. HAMILTON, Adm'r

Court:Supreme Court of California

Date published: Aug 29, 1885

Citations

7 P. 837 (Cal. 1885)