Abbey v. Owens
Mississippi Supreme Court
E Bit OB to the Circuit Court of Tunica County. Hon. Sam Powel, Judge. To bring a case within the exception in the Statute of Limitations, there must be mutual accounts and reciprocal demands. Coster y. Murray, 5 Johns. Ch. 522; Spring v. Gray, 6 Peters, 151; Inglis y. FLaigh, 8 M. & W. 769; Blair v. Brew, 6 N. H. 235; Ingram y.
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E Bit OB to the Circuit Court of Tunica County. Hon. Sam Powel, Judge. To bring a case within the exception in the Statute of Limitations, there must be mutual accounts and reciprocal demands. Coster y. Murray, 5 Johns. Ch. 522; Spring v. Gray, 6 Peters, 151; Inglis y. FLaigh, 8 M. & W. 769; Blair v. Brew, 6 N. H. 235; Ingram y. Sherard, 17 Serg. & R. 347. In Angelí on Lim. 164, it is stated that there must be mutual, or, as it has been expressed, an alternate course of dealing. When payments on account are made by one party, for which credit is given by the other, it is an account without…
1Opinion of the CourtChalmers, J.
Much of the account sued on is barred by the three years’ Statute of Limitations, unless the older items are kept alive by the fact that the later ones were less than three years old at the institution of the suit, and that there existed mutual and open current accounts between the parties. The plaintiff’s account consisted of divers items, extending through a period of a year or more, and aggregating several hundred dollars. Upon it the defendant was credited with several cash payments and also with credits of §7.90 for wood furnished, of ,§10 for digging or boring a well, and of §6.16 for…
2Cases cited6 opinions
- Flippin v. HaysCourt of Appeals of Kentucky · 1860
- Sickles v. MatherNew York Supreme Court · 1838
- Norton v. LarcoCalifornia Supreme Court · 1866
- Pridgen v. HillTexas Supreme Court · 1854
- Wood v. BarneySupreme Court of Vermont · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Philley v. TolerMississippi Supreme Court · 1960
- Abbay v. HillMississippi Supreme Court · 1886
- Stephenson v. Louisiana Oil Refining Co.Mississippi Supreme Court · 1938