Brock v. . Franck

The plaintiff brings this action against defendant to recover $850.45, balance due, and alleges “that the entire account owed by this defendant is an open and running account.”

The defendant pleads the statute of limitations, as follows: “That any items of indebtedness due or alleged to be due, which this defend ant denies, were procured prior to three years before the institution of this action, and this defendant specifically pleads the three-year statute of limitations in complete bar of the plaintiff’s right to recover on such accounts.”

This action was commenced by the summons being issued…