Walker v. Burgess

Brannon, President:

The action was upon five promissory notes made by Burgess & Napier to P. S. Walker and by the latter transferred to plaintiff, A. Walker, and defendants pleaded set-offs, based on store accounts against P. S. Walker, and the plaintiff replied against the set-offs the statute of limitation of three years. Thus two questions arise: (1) Is three years the bar, under section 6, chapter 104, Code 1891, which was in force when the set-offs accrued, and also when the action began, or five years under chapter 2, Acts 1895, amending said section, which act was in force whenthe plea…