The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-03-22

them. The appellees intervening in this suit and
claiming the vendors privilege, had judgement
against the Syndics for the same amount, with a
privilege on the proceeds of the land. The Syn
dies have appealed. The case has been submitted
on the written argument of the counsel for the ap-
pellees, without any argument on the part of the
appellants The privilege claimed by the appellees
cannot be established in action against the Syn
dies the parties in interest the creditors claim
ing adverse rights to it. The Syndics represent
the mass, and not individual creditors. The credit
ors have judgement on the fund to be distributed
under the tabeau, and we do not understand that
their rights, thus secured, can be affected in an
action against the Syndics. That part of the judge
ment which gives the appellees the privilege is
clearly erroneous. The judgement of the District
Court, allowing the intervenors and appellees a
privilege the proceeds of the of land sold TO
Neville, is therefore reversed, and in other respects
is affirmed the appellants paying costs of the ap
peal, and the appeees those of the intervention in
the District Court. w. B. Phillips for defendants
and appellants.
To make account stated account is not necessary that
it should be signed by the parties. 1t is sufficient if it
has been examined and accepted by both and that
oeptance may be implied from circumstances.
THEoPHTLUs FREEMAN, SYNDIc, Us. A. G.
HOWELL, ADMINISTRATOR. Appeal from the
Seuenh judicial District Court, Parish of West
Feticiana.. No 1923. .SLIDELL, j.. This was
an action upon two accounts of John Goodin d. Co.,
the deceased, and the q h with the defendant as
administrator, after his death. The accounts were
kept separate on the books of Goodn d Co. The
court below, considering the plaintiff IS claim not
satisfactorily proved, gave judgment in case of
non-sut, and the plaintiff appealed The Supreme
Court concurred in this opinion, and affirmed the
Judgment We give an extract from the decision
ITO make an account stated account it is not
necessary that it should be signed by the parties.
1t is sufficient if il has been examined and accepted
by both, and that acceptance may be implied from
circumstances. Hence the principle seems TO be
well settled that an account rendered will be
deemed account stated from the presumed ap-
probation acquiescence of the parties, unless an
objection is made thereto within reasonable time.
What is a reasonable time must be determined with
reference to the relations of the parties the usual
course of business of the particular class of per-
sons concerned. See Storys Equity, sec. 500 and
the cases there cited. Upon the loose state
ment [of plaintiffs clerk, who was witness on
his behalf we cannot act with precision upon the
items of the account, and say how many of its
items must be considered as having been commu-
nicated to and acquiesced in by the planter. If it
had been shown that on certain day account,
brought down TO that day, and striking balance,
had been transmitted to the planter, and that the
business and correspondence of the parties had
subsequently proceeded as before without objection,
there would then have been basis laid upon which
the Judge below might have been required to say
whether, under all the circumstances, the acqui-
escence of the party could reasonably be presumed
and down to what time, and 10 what portion of the
account sued upon. RatliT and Cowgirl, for
plaintiff and appellants w. B. Phillips, for defend
ant and appellee. P. s. W.