Hall v. Hodge
Texas Supreme Court
The plaintiff, being appellant in this court, sued the defendant for the recovery of $143.07, due upon an open account for goods and personal property sold to the defendant. The petition was filed on the 26th of November, 1844. The answer of defendant, filed 4th April, 1845, presented pleas of the general issue, payment and set-off, with his account for $311.74 in reconvention. The plaintiff filed a replication of the statute of limitations to defendant’s account.
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The plaintiff, being appellant in this court, sued the defendant for the recovery of $143.07, due upon an open account for goods and personal property sold to the defendant. The petition was filed on the 26th of November, 1844. The answer of defendant, filed 4th April, 1845, presented pleas of the general issue, payment and set-off, with his account for $311.74 in reconvention. The plaintiff filed a replication of the statute of limitations to defendant’s account. There was a verdict and judgment in favor of the defendant for $19.50 and costs. The plaintiff then moved for a new trial on the…
1Opinion of the CourtJustice Lipscoicb
The appellant filed his petition on the 26th of November, 1844, against the appellee, to recover the amount of an open account appended to his petition. The defendant pleaded, denying the plaintiff’s account, set-off, and payment, and filed his *328•account against the plaintiff. A greater part of the items composing defendant’s account would have been barred by the ¡statute of limitations had he sued for them, but were not barred at the date of the accrual of the plaintiff’s account. 'The plaintiff set up the objection of the statute to the defendant’s account.
From the evidence embraced in the…
2Cited by4 opinions
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