Lowe v. Dowbarn
Texas Supreme Court
Appeal from DeWitt. Tried below before the Hon. Fielding Jones. Lowe, the appellant, instituted this suit against the appellee, Dowbarn, on the 24th day of August, 1858, upon an open account. In his petition the plaintiff set forth sundry items of mutual dealings by the parties with each other, at various dates from February 15th, 1854, to the 15th day of March, 1857, upon which he showed a balance in his favor of $366 85, for which amount he prayed judgment.
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Appeal from DeWitt. Tried below before the Hon. Fielding Jones. Lowe, the appellant, instituted this suit against the appellee, Dowbarn, on the 24th day of August, 1858, upon an open account. In his petition the plaintiff set forth sundry items of mutual dealings by the parties with each other, at various dates from February 15th, 1854, to the 15th day of March, 1857, upon which he showed a balance in his favor of $366 85, for which amount he prayed judgment. The only item of the plaintiff’s account against the defendant which accrued within two years before the commencement of the suit, was…
1Opinion of the CourtMoore, J.
The only question in this case is, Avhether if there be an item not within the bar of the statute of limitations in mutual accounts current, “ other than such accounts as concern the trade of merchandize between merchant and merchant, their factors and servants,” it shall be held to dra.AV after it the preceding items of the accounts, and take them out of the bar of the statute. This question seems to have been decided directly in the affirmative in the cases of Pridgen v. Hill, 12 Tex., 374, and Pridgen v. McLean, Id., 420. In the former case the court say: “ The evidence established an…
2Cases cited4 opinions
- Kilham v. WardMassachusetts Supreme Judicial Court · 1806
- Moore v. MauroCourt of Appeals of Virginia · 1826
- Pridgen v. HillTexas Supreme Court · 1854
- Linn v. StateTexas Supreme Court · 1847
3Cited by12 opinions
- Western Union Telegraph Co. v. ArnoldTexas Supreme Court · 1904
- A. May & Co. v. PollardTexas Supreme Court · 1866
- Cow Bayou Canal Co. v. Orange CountyCourt of Appeals of Texas · 1913
- Western Union Telegraph Co. v. ArnoldCourt of Appeals of Texas · 1903
- Doherty v. City of GalvestonCourt of Appeals of Texas · 1898
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