Warren v. Sweeney
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are duly stated in the opinions., Mutual accounts are made up of matters of set-off. Wherever there is an express or implied understanding that mutual debts shall be a satisfaction or set-off pro tanto between the parties, the account is mutual, and a single item on either side will take the case out of the Statute of Limitations. (Angelí on Limitations, Sec. 149; 3 Met.
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Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are duly stated in the opinions., Mutual accounts are made up of matters of set-off. Wherever there is an express or implied understanding that mutual debts shall be a satisfaction or set-off pro tanto between the parties, the account is mutual, and a single item on either side will take the case out of the Statute of Limitations. (Angelí on Limitations, Sec. 149; 3 Met. (Mass.) 216 ; 6 Cow. 192; 20 Wend. 72; 7 Wend. 322-326.) ' -
1Opinion of the Court
By the Court,
Lewis, J.
“ In an action brought to recover a balance due upon a'mutual, open and current account, where there have been reciprocal de*102mands between the parties, the cause of action shall be deemed to have accrued from the time of the last item found in the 'account on either side.” Laws of 1861, page 29, Sec. 17..What particular character of dealing between parties will constitute a mutual, current account»within the meaning of this section of the' Statute of Limitations is the only material question involved in this appeal, and to that alone our considerations will be ponfined.
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2Cases cited2 opinions
- Norton v. LarcoCalifornia Supreme Court · 1866
- Weatherwax v. Cosumnes Valley Mill Co.California Supreme Court · 1861
3Cited by5 opinions
- Miller v. CinnamonIllinois Supreme Court · 1897
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- McArthur v. McCoySouth Dakota Supreme Court · 1907
- Hawaiian Carriage Manufacturing Co. v. Schuman Carriage Co.Hawaii Supreme Court · 1906
- Goicovic v. KnezevichNevada Supreme Court · 1961