Hoyt v. Clarkson

Citations

• 23 Or. 51
• 31 P. 198
• 1892 Ore. LEXIS 102

Syllabus

<p>1. Equity — Settled Accounts — Mistake—Proof.—When a settlement of accounts has been deliberately made and a note voluntarily given for an ascertained balance, a court of equity will not re-examine such accounts except on precise allegations of error or mistake and on clear and satisfactory proof of the same.</p> <p>2. Settled Accounts — Promissory Note — Presumption.—The giving of a promissory note is prima facie evidence of an accounting and settlement of all demands between the parties to that date, and the note is presumed to express the ascertained balance. Matasche v. Hughes, 7 Or. 39, approved and followed.</p> <p>3. Settled Accounts — Evidence—Pleading Fraud or Mistake. — It is a general rule that settled accounts will not be opened on mere conflicting evidence, and if opened only errors particularly and fully alleged will he considered. Fraud or error must be precisely pleaded, so that issue may be joined and the adversary may be prepared. Fleischner v. Kubli, 20 Or. 328 (25 Pac. Rep. 1086) approved and followed.</p>