Whittlesey v. Spofford
Texas Supreme Court
Error from Harris. Tried below before the Hon. James Masterson. The following is the agreed statement of the case, viz: “ On the 17th day of March, 1874, appellees, as surviving members of the firm of Spofford, Tileson & Co., instituted this suit against Whittlesey and Alexander, on an account attached to the petition, (marked Exhibit A,’) containing items of debit and credit, the last item being more than two years before the institution of this suit.* “ Defendant Alexander…
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Error from Harris. Tried below before the Hon. James Masterson. The following is the agreed statement of the case, viz: “ On the 17th day of March, 1874, appellees, as surviving members of the firm of Spofford, Tileson & Co., instituted this suit against Whittlesey and Alexander, on an account attached to the petition, (marked Exhibit A,’) containing items of debit and credit, the last item being more than two years before the institution of this suit.* “ Defendant Alexander filed special exception of limitation ■ of two years, and demurrer, and answered that he was not a partner. The court…
1Opinion of the Court
Roberts, Chief Justice.
This case, previously submitted, has been re-submitted, by the agreement of the parties, under and in accordance with the rule for advancing cases, made at this term of the court, upon the single question, “Is the plaintiffs’ cause of action barred by the statute of limitations ? ”
The suit is for the balance of an account, made an exhibit in the petition, which shows debits and credits extending through several years, the last item of which is dated more than two years anterior to the institution of the suit.
The plaintiffs allege in their petition, tfyat “said…
2Cases cited2 opinions
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- Guichard v. SuperveileTexas Supreme Court · 1854
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- Caffarelli Bros. v. Lyons Bros. Co.Court of Appeals of Texas · 1917
- Generes v. Security Life Ins. Co. of AmericaCourt of Appeals of Texas · 1914
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