Battle v. Crawford

This was an action for the conversion by defendant of a sum of money alleged to have been left with him by the plaintiff’ as a special deposit.

It is not an action ex contractu but ex delicto. Among other defenses, the appellant relied upon the statute of limitations, and if the cause of action accrued more than *281five years before tbe commencement of this suit, it was barred by the statute. "Wag. Stat., § 10, p. 918.

The suit was instituted September 1st, 1871. Plaintiff’s evidence was to the effect that he made the deposit in June, 1864. He testified that on the 20th day of July, 1864, he…