Ryan Drug Co. v. Hvambsahl

Wisconsin Supreme Court

Ryan Drug Co. v. Hvambsahl

65 N.W. 873, 92 Wis. 62, 1896 Wisc. LEXIS 242

CourtWisconsin Supreme Court

DecidedJanuary 7, 1896

StatusPublished

Cited by6 cases

This text of 65 N.W. 873 (Ryan Drug Co. v. Hvambsahl) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ryan Drug Co. v. Hvambsahl, 65 N.W. 873, 92 Wis. 62, 1896 Wisc. LEXIS 242 (Wis. 1896).

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Opinion

Winslow, J.

No interest should have been allowed except from the time of the commencement of the action. There had been no demand for payment, and the statements of account sent by the plaintiff at regular intervals, and kept by the defendant, in which no interest was ever claimed, constituted accounts stated, binding on both parties, in the absence of fraud and mistake. Cobb v. Arundell, 26 Wis. 553; Chandler v. People's S. Bank, 61 Cal. 401.

By the Gourt.— Judgment reversed, and action remanded for a new trial.

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Winslow, J.

No interest should have been allowed except from the time of the commencement of the action. There had been no demand for payment, and the statements of account sent by the plaintiff at regular intervals, and kept by the defendant, in which no interest was ever claimed, constituted accounts stated, binding on both parties, in the absence of fraud and mistake. Cobb v. Arundell, 26 Wis. 553; Chandler v. People's S. Bank, 61 Cal. 401.

By the Gourt.— Judgment reversed, and action remanded for a new trial.

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Bluebook (online)

65 N.W. 873, 92 Wis. 62, 1896 Wisc. LEXIS 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-drug-co-v-hvambsahl-wis-1896.

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