Becker v. Jones
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered on a verdict rendered at the Wayne Circuit, and from an order denying a motion for a new trial. The trial was had on an appeal from a Justices’ Court to the County Court, and the case was removed into this court. The action was brought to recover for goods sold and delivered.
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Appeal from a judgment in favor of the defendant, entered on a verdict rendered at the Wayne Circuit, and from an order denying a motion for a new trial. The trial was had on an appeal from a Justices’ Court to the County Court, and the case was removed into this court. The action was brought to recover for goods sold and delivered. The defendant denied the complaint, plead the statute of limitations? and alleged that the plaintiffs were indebted to him for flour and feed, etc. On the trial the plaintiffs proved an aecount against the defendant for goods sold, amounting to twenty-seven…
1Opinion of the Court
Bradley, J.:
The only question presented is' whether the statute of limitations defeated the recovery by the plaintiffs of all that part of their account which accrued' more than six years before the commencement of the action. The trial court held that it did. And the defendant’s counsel contends that the statute is a bar, because: 1. The action is not brought to recover a balance due upon a mutual, open and current account. 2. The plaintiff gave the defendant no credits. 3. No mutual, open and current account appears between the parties. The statute provides that, “ in an action brought to…
2Cases cited9 opinions
- Green v. . DisbrowNew York Court of Appeals · 1879
- Flippin v. HaysCourt of Appeals of Kentucky · 1860
- Kimball v. BrownNew York Supreme Court · 1831
- Coster v. MurrayNew York Court of Chancery · 1821
- Edmondstone v. ThomsonNew York Supreme Court · 1836
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