Reinhardt v. Hines
Mississippi Supreme Court
Error to the Circuit Court of Marshall County. Hon. Orlando Davis, Judge. All the essential facts are stated in the opinion of the court. It is assigned for error: 1. The court erroneously charged the jury on motion of plaintiff below. 2. The verdict is contrary to law and evidence.
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Error to the Circuit Court of Marshall County. Hon. Orlando Davis, Judge. All the essential facts are stated in the opinion of the court. It is assigned for error: 1. The court erroneously charged the jury on motion of plaintiff below. 2. The verdict is contrary to law and evidence. The single question in the case is, Does the testimony establish the account sued on as an “ account stated ?” If not so established, the account is barred by the statute of limitations of six years. The cause of action, if any, accrued prior to January 1,1868. The testimony establishes these facts, that defendant…
1Opinion of the Court
Simrall. J.,
delivered the opinion of the court.
1. The declaration was upon an account stated, due by the intestate of the plaintiff in error to J. Hines. The case was tried on the issues of nonassumpsit.
2. That the intestate, George Gorman, did not promise within three years before suit brought; to which the plaintiff replied that the claim sued on was an account stated.
3. A plea of payment.
The case has been presented under these general heads:
1. Whether the plaintiff sustains his claim by sufficient testimony.
2. Whether the account is an “ account stated,” and not barred by the limitation of…
2Cases cited1 opinion
- Stebbins v. NilesMississippi Supreme Court · 1852
3Cited by3 opinions
- Clark v. MarbourgSupreme Court of Kansas · 1885
- Gillett v. ChavezNew Mexico Supreme Court · 1904
- Floyd v. PearceMississippi Supreme Court · 1879