Wiggins v. Burkham,
77 U.S. 129 (1869)

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U.S. Supreme Court

Wiggins v. Burkham, 77 U.S. 10 Wall. 129 129 (1869)

Wiggins v. Burkham

77 U.S. 129


1. An account rendered and not objected to within a reasonable time, is to be regarded as admitted by the party charged, to be prima facie correct.

2. If certain items in an account under such circumstances are objected to within a reasonable time and others not, the latter are to be regarded as covered by such an admission.

3. What is to be regarded as a reasonable time is, when the facts are clear, a matter of law. Where the proofs are conflicting, it is a mixed one of law and fact, and in such cases the court should instruct the jury upon the several hypotheses of fact insisted on by the parties.

4. Between merchants at home, an account presented and remaining unobjected to after the lapse of several posts is treated, under ordinary circumstances, as being, by acquiescence, a stated account.

5. But the Court will not take notice judicially of the time which rail cars require to run between different places, and of the frequency of the mails between them.

6. Where the bill of exceptions does not purport to set out all the evidence given in a case below, and it does not appear what other evidence, if any, was there given, a court of error will not reverse for an instruction whose correctness or want of it depends upon the state of the evidence, the terms of the instruction not necessarily implying that there were not facts in proof bearing upon the subject besides those of which the instruction was expressly predicated, and error not being matter to be presumed, but contrariwise.

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