12 Wis. 544 | Wis. | 1860
By the Court,
This was an action on an account for meat delivered on the defendant’s vessel. The defense was, ■ that an action had previously been brought by the plaintiff against ’the defendant upon the same account of which these items formed a part, and a judgment recovered, which, it was claimed, barred this suit, though these items were not claimed in the other suit. The court below charged the jury that if they found such to have been the fact, this suit was barred. We think the instruction was correct The law was so held in Guernsey vs. Carver, 8 Wend., 492, and we think has not been dejjarted from by the courts of Hew York since. The opposite doctrine was held in Massachusetts, in Badger vs. Titcomb, 15 Pick., 415, where it is said that there is no principle of law, nor any other decided case, ■by which the decision in Guernsey vs. Carver could be sustained. But the question is again reviewed by Justice Cow-en, in Bendernagle vs. Cocks, 19 Wend., 207; who showed that .the decision was sustained both by principle and authority. We do not deem it necessary to attempt to add anything to what is said in these cases. But it may be remarked that if
But it was claimed by the counsel for the appellant that the case of Secor vs. Sturgis, 16 New York Rep., has overruled this doctrine and established the opposite. But we do not think it should have that effect. In that case the same firm carried on two distinct branches of business, keeping different clerks and separate account books. An account accrued against the defendant in each branch, and it was held that the two did not constitute an entire demand,- so that a recovery upon one would bar the other. This was undoubtedly correct. There was nothing in such a comse of dealing, or in such a mode of keeping the accounts, which would indicate any understanding of the parties that the two accounts should constitute one debt. On the contrary, every thing indicated the opposite intention. And they were, to all intents and purposes, two accounts, and were so spoken of and treated in that case, and we can see no impossibility in there being two accounts in favor of one party against another. Suppose a lawyer is also the owner of a store. He performs legal services for a client, charging them in an account. The same client has an account at the store, which is kept sepa
The judgment is affirmed, with costs.