Brown & Manzanares Co. v. Gise

Citations

• 14 N.M. 282

Syllabus

<p>SYLLABUS.</p> <p>1. Tbe balance of a stated account may become an item of a succeeding current account.</p> <p>2. Where the balances of accounts stated were each year carried forward into the next year’s current *account as a part thereof, with the consent of the debtor, who assented to the balances each year, none of the balances ever became more than one year old before they were supported by a new promise, when the account was stated at the end of the next year, and the balances did not stand as a distinct cause of action within the statute of limitations*.</p> <p>3. The items composing an account stated cannot be questioned in the absence of fraud or mistake.</p> <p>4.Compiled Laws 1897, See. 2550, fixing the legal rate of interest at 6 per cent, in the absence of a written contract fixing a different rate, does not prevent a debtor from paying more than 6 per cent, if he elects, and a debtor who knows that an account stated contains items of interest on average monthly balances agrees to (pay interest on the monthly balances.</p> <p>5. Under Code Civ. Proc. Gee. 94, -providing that defects in pleadings not against the justice of the matter of the action and not altering the issue shall be amended, a complaint in an action on an account stated may he amended by striking-out allegations with .respect to credits claimed by defendant.</p>