Swan v. Smith

The plaintiff commenced this action December 10, 1925, to recover the sum of $7,249.23 collected for him by the defendant.

In his answer the defendant “admits that between the 25th day of March, 1922, and June 24, 1922, he collected the sum of $7,249.23 belonging to plaintiff, but denies that he collected same on any agreement or understanding that same was to be applied other than on indebtedness in the sum of $91,586.33 then due and owing defendant from the plaintiff.” The answer alleges that the plaintiff’s alleged cause of action is barred by the statute of limitations. By way of…