Viscount Cave (dissenting on other points) said: ‘The expression ‘account stated’ . . has more than one meaning. It sometimes means a claim to payment made by one party and admitted by the other to be correct. An account stated in this sense is no more than an admission of a debt out of court; and whilst it is no doubt cogent evidence against the admitting party, and throws upon him the burden of proving that the debt is not due, it may, like any other admission, be shown to have been made in error.’
Judges:
Viscount Cave
Citations:
(1921) 38 TLR 134
Cited by:
Cited – Post Office Ltd v Castleton QBD 22-Jan-2007
The defendant ran a post office. A cash shortage was found, and he challenged the calculation of the account.
Held: The defendant was liable for the deficit in law. He had shown no sufficient reason to make the court think the calculations . .
Lists of cited by and citing cases may be incomplete.
Agency
Updated: 14 May 2022; Ref: scu.247972