Auzerais v. Naglee
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtSearls, C. J.
The complaint in this cause contains three counts, or causes of action. One upon an account stated, as of January, 1880, and the others for goods, wares, and merchandise sold and delivered to defendant subsequent to said last-mentioned date.
The action was brought July 29, 1881.
Defendant, in addition to the denials contained in his answer, interposed a plea of the statute of limitations to the first count, claiming the cause of action to be barred by the provision of section 339 of the Code of Civil Procedure (two years).
Plaintiff had a verdict and judgment for $1,531.82, from which, and from…
2Cases cited28 opinions
- Chicago v. SheldonSupreme Court of the United States · 1870
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- M'Allister v. ReabNew York Supreme Court · 1830
- Sutphen v. CushmanIllinois Supreme Court · 1864
- President, Directors & Co. of Rensselaer Glass Factory v. ReidCourt for the Trial of Impeachments and Correction of Errors · 1825
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3Cited by73 opinions
- Trafton v. YoungbloodCalifornia Supreme Court · 1968
- Shapiro v. Equitable Life Assurance SocietyCalifornia Court of Appeal · 1946
- Concannon v. SmithCalifornia Supreme Court · 1901
- Gardner v. WatsonCalifornia Supreme Court · 1915
- Fisher Sand & Gravel Co. v. Neal a Sweebe, Inc.Michigan Supreme Court · 2013
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