1 Haw. 68 (Haw.Super. 1852), Beauvais v. Porter & Ogden
|Citation:||1 Haw. 68|
|Opinion Judge:||LEE, CHIEF JUSTICE|
|Party Name:||R. N. BEAUVAIS v. PORTER & OGDEN.|
|Attorney:||Mr. Montgomery and Mr. Burbank for plaintiff. Mr. Bates and Mr. Blair for defendants.|
|Judge Panel:||LEE, CHIEF JUSTICE|
|Case Date:||April 01, 1852|
|Court:||Superior Court of Hawai'i|
Syllabus by the Court
The Court refused to allow an account which had been settled between the parties and the balance paid, to be reopened, the plaintiff showing no fraud or mistake in the settlement. Plaintiff nonsuited.
This case was briefly as follows:-The defendants were charged with receiving the brig " Widgeon" and cargo on consignment from the master of the vessel, he having put into Honolulu, (on a voyage from Sydney to San Francisco, ) where his vessel was condemned. And also with sacrificing the cargo, which was mostly coals, and not perishable, by a sale at public auction, without awaiting the instructions of the owner, Beauvais, who was in San Francisco anxiously looking for the " Widgeon's" arrival. For this illegal sale of the cargo, etc., the plaintiff claimed damages in the sum of eight thousand six hundred dollars.
In the course of the plaintiff's evidence he was compelled to offer a settled account between the parties, to show what goods the defendants had received.
The defendants' counsel moved for a nonsuit, on the ground that the plaintiff himself has produced a settled account between the parties covering the whole of this transaction, and consequently is barred from opening that account and claiming damages in this action.
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