Clarkson v. Hoyt

Citations

• 4 Cal. Unrep. 547
• 36 P. 382
• 1894 Cal. LEXIS 1185

Syllabus

<p>Action on Note—Accounts—Reference.—In an Action on a Note given for services for managing defendant’s cattle ranch, where plaintiff simply introduced his note and rested his case, defendant’s motion thereupon to have the court appoint a referee under Code of Civil Procedure, section 639, subsection 1, providing that, when an issue of fact requires the examination of a long account, the court may appoint a referee to decide the issue, was properly denied, the note implying a settlement of the account between the parties, and it not then appearing that the examination of a long account was necessary.</p> <p>Action on Note—Account—Amendment of Answer.—In an action on a note given to settle a balance found due on a statement of accounts, the overruling of defendant’s motion to amend his answer so as to attack the statement of accounts on the ground of fraud is not an abuse of discretion where the proposed amendment alleges the fraud only in general terms, without pointing out the facts which constitute it.</p> <p>Action on Note—Defenses.—In an Action on a Note Given for a Balance found due on a settlement of accounts, where defendant failed to allege fraud in the account, his offer to show that plaintiff received money as his agent, for which he failed to account, was properly overruled.</p>