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Niles v. McConaughey

Supreme Court of Delaware, New Castle County
Nov 1, 1805
1 Del. Cas. 505 (Del. 1805)

Opinion

November, 1805.


It was in this case determined that the charge of a cash item on a book of original entries regularly and fairly kept cannot be recovered where the only evidence to support the action is the book supported by the oath of the party; nor admitted as a set off under the Act about defalcation, [ 1 Del. Laws 162,] because the payment of money is not a matter properly chargeable in an account, within the meaning of the Act concerning contracts and assumptions, 1 Del. Laws 328.

[NOTE.] SO it was said by the Court in Smith and Brown v. McBeath, Administrator of Lowber, November Term, 1814, "Cash items are not properly chargeable in account."


Summaries of

Niles v. McConaughey

Supreme Court of Delaware, New Castle County
Nov 1, 1805
1 Del. Cas. 505 (Del. 1805)
Case details for

Niles v. McConaughey

Case Details

Full title:SAMUEL NILES v. PATRICK McCONAUGHEY

Court:Supreme Court of Delaware, New Castle County

Date published: Nov 1, 1805

Citations

1 Del. Cas. 505 (Del. 1805)