Chappedelaine v. Dechenaux
8 U.S. 306 (1808)

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U.S. Supreme Court

Chappedelaine v. Dechenaux, 8 U.S. 4 Cranch 306 306 (1808)

Chappedelaine v. Dechenaux

8 U.S. (4 Cranch) 306

ERROR TO THE CIRCUIT COURT

OF THE DISTRICT OF GEORGIA

Syllabus

If an account stated be pleaded in bar to a bill in equity, such plea will be sustained except so far as the complainant shall show it to be erroneous.

The plaintiffs were aliens, their testators were citizens of Georgia, the suit being against citizens of Georgia. Although the plaintiffs sued as trustees, they were entitled to sue in the circuit court.

No practice could be more dangerous than that of opening accounts which the parties themselves have adjusted on a suggestion supported by doubtful or only probable testimony. But if palpable errors be shown, errors which cannot be misunderstood, the settlement must so far be considered as made upon absolute mistake or imposition, and ought not to be obligatory on the injured party

or his representatives, because such items cannot be supposed to have received his assent. The whole labor of proof lies on the party objecting to the account, and the errors which he does not plainly establish cannot be supposed to exist.

The bill states that the complainants' testator and the defendant's testator, together with three others, viz., Boisfeillet, Du Bignon, and Grand Closmesle, became joint purchasers of the Islands of Sapelo, Blackbeard, Jekyll, and half of St. Catharine, on the coast of Georgia; that Dumoussay was the acting partner, and kept all the accounts, &c. That an account was stated and signed by the two testators, Chappedelaine and Dumoussay, on 30 April, 1792, by which the former acknowledged a balance of

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