Chadwick v. Chadwick
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. B. E. Tubneb, Judge. (1) That plaintiff’s account is a mutual running account we cite: Bus. on Limitations, secs. 192-196, pp. 265-273; Kimball v. Kimball, 16 Mich. 211; Abbott v. Keith, 11 Vt. 525; Chambers v. Marks, 25 Pa. St., 296; Green v. Bisbrow, 79 N. Y. 1; s. c. 35 Am.
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Appeal from Knox Circuit Court. — Hon. B. E. Tubneb, Judge. (1) That plaintiff’s account is a mutual running account we cite: Bus. on Limitations, secs. 192-196, pp. 265-273; Kimball v. Kimball, 16 Mich. 211; Abbott v. Keith, 11 Vt. 525; Chambers v. Marks, 25 Pa. St., 296; Green v. Bisbrow, 79 N. Y. 1; s. c. 35 Am. Rep. 496; Hodge v. Manley, 25 Vt. 210; Penn’s Adm’r v. Watson, 20Mo.l3; Angelí on Limitations, secs. 130-135, p. 139; Kimball v. Brown, 7 Wend. 322. (2) In this case defendant sets up his accounts as set-offs and counterclaims, thereby admitting the mutuality of the account and…
1Opinion of the Court
Black, P.. J.
The plaintiff brought this suit on the thirteenth of May, .1889, to recover a balance of $4,647.94, alleged to be due to him from his father, the defendant, on an' unsettled account. At the close of the plaintiff’s evidence the court, at the request of the defendant, gave this instruction: “The court declares the law to be that the account sued on is barred by the statute of limitations; and the evidence failing to show an agreement that the items of money alleged to have been loaned by defendant to the plaintiff were to be entered as a credit thereon, or that the same was…
2Cases cited2 opinions
- Ring v. JamisonSupreme Court of Missouri · 1877
- Penn's Administrator v. WatsonSupreme Court of Missouri · 1854
3Cited by18 opinions
- Scheer v. Trust Co. of St. Louis CountySupreme Court of Missouri · 1932
- MacAdam v. ScudderSupreme Court of Missouri · 1895
- Poague v. MalloryMissouri Court of Appeals · 1921
- St. Joseph & Grand Island Railway Co. v. Elwood Grain Co.Missouri Court of Appeals · 1918
- Moore v. RenickMissouri Court of Appeals · 1902
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