6 Johns. 45
Decided May 15, 1810
New York Supreme Court · decided 1810-05-15
THIS was an action of assumpsit, for goods sold and „ ... . r „ delivered. Plea non assumpsit with notice ol set-oft. There were mutual accounts between the parties, consisting of various items, on which there was a balance due to the plaintiff: but there was no account stated, or balance r ’ struck. The only question was. whether the plaintiff was J * r entitled to interest.
Cited by 2 later decisions — most recently November 1838
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1810-05-15
View the full empirical analysis of this case →
¶1Here was an open, running account, unliquidated between the parties, and no balance struck. There is nothing in the course of dealing between them from which an intent or agreement to allow interest, can be inferred. It is, therefore, not a case of interest. (Camp. N. P. Rep. 50.)
¶2Motion denied.