E. D. Morgan & Co. v. Merchants' National Bank of Memphis
Tennessee Supreme Court
FROM SHELBY. Appeal from the Chancery Court at Memphis. TV.. W. McDowell, Ch. FROM SHELBY. Appeal in ei’ror from the Circuit Court of Shelby county. J. O. Pierqe, J.
1Opinion of the CourtDeadericjk, C. J.
This suit was brought in the circuit court at Memphis to recover for advances made to defendant on shipment of cotton in excess of the proceeds of its sale realized by plaintiffs. The defendant pleaded nil' debit, payment, and the statute of limitations of six years.
The account is satisfactorily proved and there is no. evidence of its payment, so that the real and sole defense is the statute of limitations. The suit was begun May 4, 1875, and the last of the cotton sold in June, 1868,. leaving a balance due to plaintiffs of $8,161.50, for which an account was rendered and payment requested…
2Cited by2 opinions
- Mize v. SkeenCourt of Appeals of Tennessee · 1971
- Bailey v. Union National Bank of KnoxvilleTennessee Supreme Court · 1929