Martin v. Potashnick

In this action the plaintiff seeks to recover the sum of $11,262.75 from his former partner, Reginald B. Potashnick. The trial court sustained a motion to dismiss his petition and the question to be decided is whether he has pleaded and relies upon a cause of action governed by the somewhat uncommon first section of our ten-year statute of limitations: "an action upon any writing, . . . for the payment of money." Mo. R.S.A., Sec. 1013. If he does not rely upon and has not pleaded a cause of action upon a writing for the payment of money his cause is barred by the five-year statute of…