Nunn v. McKnight
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Joel D. Conway, Judge; 1. The account, and every item thereof, is barred by the statute of limitations. 44 Ark. 534; Kirby’s Digest, § 5079; 60 Am. Rep. 254; 17 Am.
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Appeal from Clark Circuit Court; Joel D. Conway, Judge; 1. The account, and every item thereof, is barred by the statute of limitations. 44 Ark. 534; Kirby’s Digest, § 5079; 60 Am. Rep. 254; 17 Am. Rep. 171; xi Ark. 32. The burden was on plaintiff’s to show the action was not barred. 69 Ark. 311. 2. The proceeds of the cotton should have been credited as of the date of the delivery, in January, 1896. Defendant testified that he delivered the cotton on the account, and did not instruct plaintiff to hold it. Plaintiff’s own testimony shows that they treated the cotton as their own from the time…
1Opinion of the CourtRiddick, J.
This is an action by W. T. and Alex McKnight against T. J. F. Nunn to recover the sum of $609.68 alleged to be due on an account for goods and merchandise sold and delivered and for balance found due on an account stated. The plaintiffs recovered judgment for $549.68, and, so far as the amount due is concerned, the evidence fully sustains the judgment, but the main defense relied on is the statute of limitations. The action was commenced July 6, 1903, and it is conceded that the account was due more than three years before that date, but plaintiffs contend that there was a part payment made…
2Cases cited7 opinions
- Day v. MayoMassachusetts Supreme Judicial Court · 1891
- Hughes v. JohnsonSupreme Court of Arkansas · 1881
- Buffinton v. ChaseMassachusetts Supreme Judicial Court · 1890
- Chase v. CarneySupreme Court of Arkansas · 1895
- Ring v. JamisonMissouri Court of Appeals · 1876
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3Cited by5 opinions
- United States v. LorinceDistrict Court, N.D. Illinois · 1991
- Pekin Stave Co. v. RameySupreme Court of Arkansas · 1913
- W. T. Rawleigh Co. v. PritchardSupreme Court of Arkansas · 1922
- American Steel Foundries v. Railroad Supply Co.Appellate Court of Illinois · 1924
- McConnell v. Arkansas Coffin CompanySupreme Court of Arkansas · 1926