Dodge v. East

The defendant in error, plaintiff below, on July 3,1934, sued on an account which had been stated in writing by the parties under date of June 24, 1926, alleging a new promise in writing within the six-year period, and payments on account. It will be observed the suit was not instituted until over eight years after the account had been stated. Plaintiff in error, defendant below, pleaded payment and raised the bar of the statute of limitations, and denied the new promise or any payments within the period. Defendant in error replied by pleading absence of plaintiff in error from the state and…