National Bank of Oshkosh v. Davis
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Iron county: JonN K. Pabisu, Circuit Judge. Action for the recovery of a money demand for $941.88, for goods, wares, and merchandise sold and delivered by the firm of Hoxie & Mellor to the defendant between July Í3 and August 30,1890. Said amount became due and payable on or about September 1,1890, and no part thereof had been paid except $242.68, paid on or before the last-named date.
Read the full summary
Appeal from a judgment of the circuit court for Iron county: JonN K. Pabisu, Circuit Judge. Action for the recovery of a money demand for $941.88, for goods, wares, and merchandise sold and delivered by the firm of Hoxie & Mellor to the defendant between July Í3 and August 30,1890. Said amount became due and payable on or about September 1,1890, and no part thereof had been paid except $242.68, paid on or before the last-named date. On said last-named day, Hoxie & Mellor sold and assigned the account therefor to the plaintiff, of which the defendants had due notice. There was a second count…
1Opinion of the CourtPinney, J.
The cause of action upon which the plaintiff seeks to recover accrued, it is conceded, September 1, 1890. This action appears to have been commenced as against the defendant Davis July 2, 1897, and as against the defendant Fehr July 14, 1897, a period as to these defendants of more than six years after the cause of action accrued. The action as to both of the defendants appears to fall within the purview of sec. 4231, R. S. 1878, and to be barred unless this result is avoided by the fair meaning and effect of that section, which provides that “if, when the cause of action shall accrue against…
2Cases cited3 opinions
- Larson v. Aultman & Taylor Co.Wisconsin Supreme Court · 1893
- Parker v. KellyWisconsin Supreme Court · 1884
- Whitcomb v. KeatorWisconsin Supreme Court · 1884
3Cited by5 opinions
- Runkle v. PullinIndiana Court of Appeals · 1912
- Estate of GilbertWisconsin Supreme Court · 1918
- Merchants & Planters National Bank of Sherman v. AppleyardSupreme Court of North Carolina · 1953
- Stanley C. Hanks Co. v. SchererWisconsin Supreme Court · 1951
- Stanley C. Hanks Co. v. SchererWisconsin Supreme Court · 1951