Tennessee Brewing Co. v. Hendricks
Mississippi Supreme Court
From the circuit court, second district, of Yalobusha county. Hon. Wieeiam. A. Berk, Special Judge. The Tennessee Brewing Co., the appellant, was the plaintiff in the court below; Hendricks, the appellee, was defendant there. The facts are stated in the opinion of the court. There is but the one point for the court to consider in this case, and that is whether the writing be such a writing as will prevent the bar of the three years’ statute of limitations.
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From the circuit court, second district, of Yalobusha county. Hon. Wieeiam. A. Berk, Special Judge. The Tennessee Brewing Co., the appellant, was the plaintiff in the court below; Hendricks, the appellee, was defendant there. The facts are stated in the opinion of the court. There is but the one point for the court to consider in this case, and that is whether the writing be such a writing as will prevent the bar of the three years’ statute of limitations. This was a stated account, rendered to the defendant by plaintiff’s agent in person. Defendant presented his set-offs, and a settlement…
1Opinion of the CourtTerral, J.
The Tennessee Brewing Company, a corporation, on the 27th day of September, 1897, brought suit against W. IT. Hendricks for $230. The cause of action as set out in the declaration is an account for goods, wares, and merchandise sold by the plaintiff to the defendant in August, September, October, and November, 1893, amounting to $230, at the foot of which open account is written as follows:
“I herewith acknowledge that the above balance, two hundred and thirty dollars, is correct. W. IT. HeNdeioics.”
The defendant pleaded the general issue, and the statute of limitation of three years, and gave…
2Cases cited2 opinions
- Hart v. BoytMississippi Supreme Court · 1877
- Beasley v. EvansMississippi Supreme Court · 1858