Legal Opinion

Pettus v. Rawls

Supreme Court of Arkansas

Decided November 19, 1917PublishedCited by 4 opinions

Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. The suit was not barred; the Redman credit was known and agreed to by appellees. It was part payment. The amount due was . an account stated and the statute only began to run from the date thereof. 2 Green-leaf Ev., § 127; 89 Am.

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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. The suit was not barred; the Redman credit was known and agreed to by appellees. It was part payment. The amount due was . an account stated and the statute only began to run from the date thereof. 2 Green-leaf Ev., § 127; 89 Am. Dec. 85; 107 U. S. 325; 27 L. R. A. 811. See also 60 Ark. 491; 20 Id. 189. 2. Part payment forms a new period from which the statute begins to run. 14'Ark. 85; 18 Id. 521; 68 Id. 399; 19 Am. & E. Enc. Law 325-9; 5 Ark. 555; 12 Id. 762; 20 Ala. 105; 11. 687; 1 Mich. 40; 92 Ark. 247; 25 Cyc. 1377; 99 Ark.…

1Opinion of the CourtHart, J.

On August 26, 1916, Robert L. Pettus sued J. A. Rawls and Allie Rawls for the sum of $294.11. He alleged they owed him for merchandise. An itemized account duly verified was filed with the complaint.

The defendant answered denying all the allegations of the complaint and pleading in bar of the action the statute of limitations of three years. The case was tried before a jury on March 21, 1917. At the conclusion of the evidence the court told the jury that the last payment on the account was made in February, 1913, and that the account was barred by the statute of limitations, the suit having…

2Cases cited1 opinion

  1. McAbee v. WileySupreme Court of Arkansas · 1909

3Cited by4 opinions

  1. Elk Horn Bank & Trust Co. v. SpragginsSupreme Court of Arkansas · 1930
  2. In Re Estate of WalkerSupreme Court of Minnesota · 1931
  3. Feigenbaum v. Van RaalteSupreme Court of Missouri · 1947
  4. McConnell v. Arkansas Coffin CompanySupreme Court of Arkansas · 1926

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