Account
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Account
A written list of transactions, noting money owed and money paid; a detailed statement of mutual demands arising out of a contract or a fiduciary relationship.
An account can simply list payments, losses, sales, debits, credits, and other monetary transactions, or it may go further and show a balance or the results of comparing opposite transactions, like purchases and sales. Businesspersons keep accounts; attorneys may keep escrow accounts; and executors must keep accounts that record transactions in administering an estate.
ACCOUNT, remedies. This is the name of a writ or action more properly called
account render.
2. It is applicable to the, case of an unliquidated demand, against a
person who is chargeable as bailiff or receiver. The use of it, is where the
plaintiff wants an account and cannot give evidence of his right without it.
5 Taunt. 431 It is necessary where the receipt was directed to a
merchandising which makes all uncertainty of the net remain, till the
account is finished; or where a man is charged as bailiff, whereupon the
certainty of his receipt appears not till account. Hob. 209.; See also 8
Cowen, R. 304; 9 Conn. R. 556; 2 Day, R. 28; Kirby, 164; 3 Gill & John. 388;
3 Verm. 485; 4 Watts, 420; 8 Cowen, 220. It is also the proper remedy by one
partner against another. 15 S. & R. 153 3 Binn. 317; 10 S. & R. 220; 2 Conn.
425; 4 Verm. 137; 1 Dall. 340; 2 Watts 86.
3. The interlocutory judgment in this action is (quod computet) that
the defendant render an account upon which judgment auditors are assigned to
him to hear and report his account. (See I Lutwych, 47; 3 Leon. 149, for
precedents) As the principal object of the action is to compel a settlement
of the account in the first instance, special bail cannot be demanded, (2
Roll. Rep. 53; 2 Keble, 404,) nor are damages awarded upon the first
judgment, nor given except ratione interplacitationis, (Cro. Eliz. 83; 5
Binn. 664; 24 Ed. 3. 16; 18 Ed. 3. 55; Reg. Brev. 136 b,) although it is
usual to conclude the count with a demand of damages. (Lib. Int. fo. 16. fo.
20; 1 Lutw. 51. 58; 2 H. 7. 13.) The reason assigned for this rule, is, that
it may be the defendant will not be found in arrears after he has accounted,
and the court cannot know until the settlement of the account whether the
plaintiff has been endamaged or not. 7 H. 6. 38.
4. This action combines the properties of a legal and equitable action.
The proceedings up to the judgment quod computet, and subsequent to the
account reported by the auditors are conducted upon the principles of the
common law. But the account is to be adjusted upon the most liberal
principles of equity and, good faith. (Per Herle, Ch. J. 3 Ed. 3. 10.) The
court it is said are judges of the action - the auditors of the account,
Bro. Ab. Ace. 48, and both are judges of record, 4 H. 6. 17; Stat. West. 2.
c. 11. This action has received extension in Pennsylvania. 1 Dall. 339,
340.
5. The fist judgment (quod computet) is enforced by a capias ad
computandum where defendant refuses to appear before the auditors, upon
which he may be held to bail, or in default of bail be made to account in
prison. The final judgment quod recuperet is enforced by fi. fa. or such
other process as the law allows for the recovery of debts.
6. If the defendant charged as bailiff is found in surplusage, no
judgment can be entered thereon to recover the amount so found in his favor
against the plaintiff, but as the auditors are judges of record, he may
bring an action of debt, or by some authorities a sci. fac. against the
plaintiff, whereon he may have judgment and execution against the plaintiff.
See Palm. 512; 2 Bulst. 277-8; 1 Leon. 219; 3 Keble Rep. 362; 1 Roll. Ab.
599, pl. 11; Bro. Ab. Acc. 62; 1 Roll. Rep. 87. See Bailiff, in account
render.
7. In those states where they have courts of chancery, this action is
nearly superseded by the better remedy which is given by a bill in equity,
by which the complainant can elicit a discovery of the acts from the
defendant under his oath, instead of relying merely on the evidence he may
be able to produce. 9 John. R. 470; 1 Paige, R. 41; 2 Caines' Cas. Err. 38,
62; 1 J. J. Marsh. R. 82; Cooke, R. 420; 1 Yerg. R. 360; 2 John. Ch. R. 424;
10 John. R. 587; 2 Rand. R. 449; 1 Hen. & M9; 2 M'Cord's Ch. R. 469; 2
Leigh's R. 6.
8. Courts of equity have concurrent jurisdiction in matters of account
with courts of law, and sometimes exclusive jurisdiction at least in some
respects: For example; if a plaintiff be entitled to an account, a court of
equity will restrain the defendant from proceeding in a claim, the
correctness of which cannot be ascertained until the account be taken; but
not where the subject is a matter of set-off. 1 Sch. & Lef. 309; Eden on
Injunct. 23, 24.
9. When an account has voluntarily been stated between parties, an
action of assumpsit may be maintained thereon. 3 Bl. Com. 162; 8 Com. Dig.
7; 1 Com. Dig. 180; 2 Ib. 468; 1 Vin. Ab. 135; Bac. Ab. h.t.; Doct. Pl. 26;
Yelv. 202; 1 Supp. to Ves. Jr, 117; 2 Ib. 48, 136. Vide 1 Binn. R. 191; 4
Dall. R. 434; Whart. Dig. h.t. ; 3 Wils. 73, 94; 8 D.& R. 596; Bull. N. P.
128; 5 Taunt. 431; U. S. Dig. h.t.; 2 Greenl. Ev. Sec. 34-39.
ACCOUNT, practice. A statement of the receipts and payments of an executor,
administrator, or other trustee, of the estate confided to him.
2. Every one who administers the affairs of another is required at the
end of his administration to render an account of his management of the
same. Trustees of every description can, in general, be compelled by courts
of chancery to settle accounts, or otherwise fully execute their trusts.
Where there are no courts of chancery, the courts of common law are usually
invested with power for the same purposes by acts of legislation. When a
party has had the property of another as his agent, he may be compelled at
common law to account by an action of account render.
3. An account is also the statement of two merchants or others who have
dealt together, showing the debits and credits between them.