Account

Accompt, [L. Lat. computus, from computare, to account.] In practice. A writ, or action at common law, (sometimes called account render,) which lies against a person who by reason of his office, or busmess, as bailiff, receiver, or guardian, ought to render an account to another, but refuses to do so. E. ^.

B.116. P. Q. Co. l Att. 172.

The writ in this action (which is termed in the old books, breve de compute,) commands the defendant to render a reasonable account (rationabile computum,) to the plaintiff, or show the court good cause to the contrary.

Meg. Grig. 135.

E. A^.

B, 116, 117.

If the plaintiff succeeds, there are two judgments; the first is that the defendant do account. (fttod compu Ui,) before auditors appointed by the courts and, when such account is finished, then the second judgment is that ^e do pay the plaintiff so much as he is foohd in arrear.

3 BL Com, 162.

The action of account was formerly the common remedy in mercantile transactions, and in almost bSI cases where there were dealings, and an unliquidated demand.

8 Eeevei ffisL Eng, Law, 77.

In modem practice it has fallen into great disuse, in consequence of the substitution of the action of assumpsit, and the frequent resort to a conrt of equity.

3 BL Com, 163. 1 Tidd's Pt. 1, 2. 1 Archb. N. Prius, 196, 197.

It seems, however, to have always been r^[arded with favor by the English judges, and in the case of Godfrey v. i Saanders, in the C. B., where an action of this bnd was brought, Lord C. J. Wilmot eipressed his satisfaclion at seeing it revived 3 Wils. 94, 11*7. Very recently it has heen revived in England to a considerable extent, in consequence of a decision of the court of exchequer, in relation to the exception of merchants' accounts m the statute of limitations. 8 Mees. dt W. 769. Smith on Contracts^ 301, 302, 321, and notes. It is retained in the practice of some of the United States, but its form has been modified, and, in general, it is rarely resorted to: in some of the states it has been expressly abolished. 4 Kenfs Com, 359, note. 1 Story's Eq. Jur. § 442, and note. Rev, Stat, of N. Jersey, 46. Bev. Stat, of Vermont, 219, c. 36. Bev. Stat, of Mass, c. 118, §43. See United States Digest, Account render.