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This book contains 53 nineteenth century American legal cases in
which courts discussed accounting issues. Some are well known: Wood
v. Drummer (1824) was the foundation for the idea that capital
could not be returned to shareholders and it was this restriction
which made it necessary to distinguish between income and capital.
The famous case of 1849, Burnes v Pennell is often cited as the
source of the rule that dividends cannot be paid except from
profits. However, many of the cases covered in this book are not
well-known. It is often assumed that few American legal cases on
accounting matters were decided in the nineteenth century. However,
many of the 53 cases included here preceded the earliest British
legal cases that discussed accounting issues and they are
interesting for several reasons. They show that government
regulation of accounting pre-dated the modern regulatory ear. They
also illustration that sometimes private contracts specified a
particular accounting treatment and that accounting, therefore,
served to define private rights. They also illustrate that American
courts discussed accrual accounting problems as early as 1837 and
that a cash concept of profits was not the norm.
This book contains edited versions of thirty British legal cases
involving accounting issues decided from 1849-1888. These cases are
a valuable source of information about the development of
accounting principles and practices in nineteenth-century Great
Britain. The thirty cases show that the court decisions involved a
rich variety of accounting issues. In some cases courts upset
private contractual stipulations regarding accounting and dividend
matters. In others, management was held to have used incorrect
principles in computing profits. Whether or not a contract or
management decision was upset, the courts often discussed at some
length the principles that management should apply in the
preparation of balance sheets or income statements. It is therefore
obvious that in resolving issues of equity among participants in
British companies, the courts were applying normative accounting
principles.
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