Legal Opinion

Gorman v. Pettus

Supreme Court of Arkansas

Decided December 19, 1903PublishedCited by 6 opinions

Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. Pettus & Buford, a mercantile firm, on January 1, 1900, presented to the probate court a claim against the estate of D. S. Cook for $512.57 for balance due on account. Gorman, as administrator of the estate, resisted the claim on the ground that the debt was barred by statute of limitations. The probate court found in favor of the plaintiffs, and allowed the claim.

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Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. Pettus & Buford, a mercantile firm, on January 1, 1900, presented to the probate court a claim against the estate of D. S. Cook for $512.57 for balance due on account. Gorman, as administrator of the estate, resisted the claim on the ground that the debt was barred by statute of limitations. The probate court found in favor of the plaintiffs, and allowed the claim. The case was afterwards tried in the circuit court on appeal, the only point at issue being whether the account of the plaintiff was barred by…

1Opinion of the CourtRiddick, J.

(after stating the facts.) This is an action by plaintiffs against the administrator of the estate of D. S. Cook to recover a judgment on an account held by them against D. S. Cook. There is no dispute about the amount of the account, and the only defense set up is that the claim is barred by statute of limitations. This action on the account was commenced on the 1st day of January, 1900. The account shows that on March 16, 1899, a credit of $100 was placed on the account. Prior to that time the last charge or credit upon this account was in 1892. It thus appears that at the time this credit…

2Cited by6 opinions

  1. Stolte v. KarrenCourt of Appeals of Texas · 1916
  2. Johnson v. SpanglerSupreme Court of Arkansas · 1928
  3. Sanders v. McClintockSupreme Court of Arkansas · 1927
  4. Taylor v. SlaytonSupreme Court of Arkansas · 1959
  5. American Steel Foundries v. Railroad Supply Co.Appellate Court of Illinois · 1924

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