Rounthwaite v. Rounthwaite

CHIPMAN, C.

Plaintiff sues on three counts to recover for money alleged to have been loaned by plaintiff to defendant: (1) For money loaned by plaintiff to defendant more than four years before the commencement of the action, to wit, $1,000, at five per cent interest, which defendant has acknowledged in writing within four years, and alleging a payment of $300 in the year 1898, leaving due $850; (2) for the same amount, and that defendant promised in writing to pay plaintiff’s claim within four years last past; (3) on an account stated June 15, 1899, showing a balance due plaintiff *880of $871.14,…