King v. Post
Supreme Court of Colorado
Appeal from County Court of dear Creek County. This action was originally commenced before a justice of the peace by Charles 0. Post against Theodore King, on the 4th day of January, 1886, and afterwards taken into the county court by appeal.
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Appeal from County Court of dear Creek County. This action was originally commenced before a justice of the peace by Charles 0. Post against Theodore King, on the 4th day of January, 1886, and afterwards taken into the county court by appeal. The action is based upon an account extending from the month of February, 1883, to March 25, 1885, and amounting to the sum of $752.05, upon which amount appellee gave credits amounting to $511.39, leaving a balance of $240.66. The appellant denied appellee’s account; claimed that the action was barred as to a part of said account by the statute of…
1Opinion of the CourtJustice Hayt
Under the statute of limitations in this state actions of debt and of assumpsit must be commenced within six years next after the cause of action shall accrue, and not afterwards (Gen. St. § 2163); while by section 2167 it is provided that, “in all actions of debt or assumpsit brought to recover the balance due upon a mutual and open account current, the cause of action shall be deemed to have accrued at the time of the. last item proved in such account.”
The testimony leaves it in doubt whether there was ever a mutual open account between the firm of Post & Coulter and the appellee, King, the…
2Cases cited2 opinions
- Hay v. KramerSupreme Court of Pennsylvania · 1841
- Green v. . AmesNew York Court of Appeals · 1856
3Cited by4 opinions
- Blackmore v. NealeColorado Court of Appeals · 1900
- Beach v. BennettColorado Court of Appeals · 1901
- Beach v. BennettColorado Court of Appeals · 1901
- Blackmore v. NealeColorado Court of Appeals · 1900