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113 Ind. 242

Ross v. Smith

Indiana Supreme Court

Decided January 28, 1888

Indiana Supreme Court · decided 1888-01-28

<p>Account. — Amount Stated in Bill of Particulars. — Limitation of Recovery.— Interest. — In an action upon an account, the plaintiff is not limited in his recovery to the amount stated in the bill of particulars, where interest thereon is recoverable under section 5200, B. S. 1881.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1888-01-28

How this case has been cited

Cited by 3 later decisions — most recently December 1993

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mitchell, C. J.

¶1This was an action to recover for goods sold and delivered by the appellees, trading in the name of J. B. Smith & Co., to the appellant, John Ross, at his especial instance and request.

¶2The complaint was a common count, in the usual form, with an itemized bill of particulars attached, from which it appears that there was due the plaintiffs below the sum of $332.12. The complaint contains a formal demand for judg*243ment for $600, and for general relief. The plaintiffs recovered judgment for $356.19.

Filed Jan. 28, 1888.

¶3The appellant makes the point that the plaintiffs were limited in their recovery to the amount of the account exhibited with the complaint, and he insists that so much of the judgment as is above $332.12 is, therefore, excessive.

¶4The undisputed evidence shows that the account was closed and an itemized bill thereof rendered, and payment demanded, March 1st, 1884. The judgment was rendered May 14th, 1885.

¶5The court evidently allowed interest on the account in compliance with section 5200, R. S. 1881.

¶6There was no error. Judgment affirmed, with costs.

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