Garth v. Robards
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. This action was brought in April, 1853, to recover an unappropriated balance of money advanced by the plaintiff to the defendant in 1846, for the purchase of hemp on the plaintiff’s account. The defendant, in his answer, denied the justice of the demand, and relied upon the statute of limitations.
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Appeal from Hannibal Court of Common Pleas. This action was brought in April, 1853, to recover an unappropriated balance of money advanced by the plaintiff to the defendant in 1846, for the purchase of hemp on the plaintiff’s account. The defendant, in his answer, denied the justice of the demand, and relied upon the statute of limitations. At the trial before a jury, it appeared in evidence that in April, 1849, the defendant left Hannibal, his place of residence, for California, where he arrived in the winter of 1849-50. He remained there until October, 1850, and returned to Hannibal in…
1Opinion of the CourtScott, Judge
1. The only question presented here for our determination is that contained in the second instruction given by the court. That question is, whether the circumstances detailed in that instruction will prevent.a bar by the statute of limitations, and bring a defendant within the last clause of the seventh section of the second article of the act prescribing the times of commencing actions, which enacts that if, after such cause of action shall have accrued, such person depart from and reside out of this state, the time of his absence shall not be deemed or taken as any part of the time limited…
2Cited by3 opinions
- Poling v. MoitraSupreme Court of Missouri · 1986
- Moss v. Standard Drug Co.Ohio Court of Appeals · 1952
- Poling v. MoitraSupreme Court of Missouri · 1986