# Auzerais v. Naglee

> California Supreme Court · November 5, 1887 · 74 Cal. 60

URL: https://www.frixlaw.com/law-library/cases/5443222

## Case

- **Full name:** JOHN AUZERAIS v. HENRY M. NAGLEE
- **Court:** California Supreme Court
- **Decided:** November 5, 1887
- **Citations:** 74 Cal. 60; 15 P. 371; 1887 Cal. LEXIS 746
- **Precedential status:** Published
- **Opinion:** Dissent by Temple
- **Judges:** Paterson, Searls, Temple, Thornton
- **Cited by:** 73 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5443222

## Opinion text

Temple, J., dissenting.
— I dissent. Under our statute, a custom which would prove an agreement to pay more than legal interest is against law. I also think, that assent to an account stated does not take the account from the operation of the statute of limitations. *73 The cases which hold that the account stated is a new promise, and the statute begins to run from that time, have no force here, where the acknowledgment must be in writing.,

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5443222. Public record. Not legal advice.