Geo. W. Armstrong & Co. v. Waggoman

(after stating the facts as above). As we think it appeared as a matter of law, in any view taken of the testimony, that appellee Waggoman’s cause of action was barred by the two-year statute of limitations long before he commenced his suit, it will not be necessary, in disposing of the appeal, to consider other questions presented by the assignments.

The contention of said appellee to the contrary of the conclusion reached by us is on the theory, it seems, that his case in its facts was within the rule applicable to express trusts, according to which the statute does not begin to run in favor…