Safford v. Barney

Massachusetts Supreme Judicial Court
Safford v. Barney, 121 Mass. 300 (Mass. 1876)
1876 Mass. LEXIS 362
Gray

Safford v. Barney

Opinion of the Court

Gray, C. J.

Under the Gen. Sts. <?. 155, § 5, which provide that, “ in actions of contract, brought to recover the balance due upon a mutual and open account current, the cause of action shall be deemed to have accrued at the time of the last item proved in the account,” it is sufficient to prove mutual deal ings between the parties, consisting of sales made, or services performed, by each party, to or for the other, creating mutual debts, and which by mutual agreement are to be set off against one another, and are entered in an account stated by the plaintiff, even if no balance has been struck; and the statute of limitations, begins to run only from the date of the last item on either side of the account. The case is governed by Penniman v. Rotch, 3 Met. 216. Judgment affirmed.

Reference

Full Case Name
Eben H. Safford v. Horace Barney, administrator
Cited By
8 cases
Status
Published