John Dickinson & Co. v. Lott
Texas Supreme Court
Error from Austin. The case was tried before Hon. George W. Smith, one of the district judges. Eor clearness, a full history of the case is given.
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Error from Austin. The case was tried before Hon. George W. Smith, one of the district judges. Eor clearness, a full history of the case is given. Plaintiffs brought suit in the district court of Austin county, on the 3d of February, 1859, against James W. Lott, for §224 09, being the amount of an account for cash furnished and merchandise, &c., sold and delivered by plaintiffs to said Lott on the 15th and 31st of December, 1855, including in the above amount the usual interest and commissions charged by commission merchants. Among other matters plaintiffs alleged in their petition, “that…
1Opinion of the CourtMoore, C. J.
The judgment in this case cannot be sustained, upon the ground, that the account upon which the suit is brought is not referred to or embraced within the terms of the letters upon which the plaintiff relies as an acknowledgment of the justice of his claim, and that the alleged cause of action therefore appears, from the *178face of the petition, barred by the statute of limitation. For although limitation is pleaded in bar to the suit, it is not set up by way of exception or demurrer. It is expressly provided by statute, that “limitation shall not be made available in any suit, unless it is…
2Cases cited1 opinion
- Leavitt v. GoochTexas Supreme Court · 1854
3Cited by8 opinions
- Hudson v. WheelerTexas Supreme Court · 1871
- Gathright v. WheatTexas Supreme Court · 1888
- Ogg v. OggCourt of Appeals of Texas · 1914
- Craig v. GageDistrict Court, W.D. Texas · 1928
- Texas Co. v. WilbanksCourt of Appeals of Texas · 1937
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