Walsh v. Schilling
West Virginia Supreme Court
Statement of the ease by Brannon, Judge : On the 2d day of March, 1888, Murtha Walsh brought an action of assumpsit in the Circuit Court of Ohio county, against Jno. L. Schilling on the note below described, and the common counts for goods sold, money lent, etc.
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Statement of the ease by Brannon, Judge : On the 2d day of March, 1888, Murtha Walsh brought an action of assumpsit in the Circuit Court of Ohio county, against Jno. L. Schilling on the note below described, and the common counts for goods sold, money lent, etc. The defendant pleaded non-assumpsit, and that action did not accrue within ten years before suit was brought; and the plaintiff replied that on the 3d day of August, 1871, when the several promises and undertakings in the declaration mentioned were made, and previous thereto, the defendant was a resident of the state of West Virginia,…
1Opinion of the Court
BRannon, Judge:
The important question in this case is upon the statute of limitations. The note sued on reads: “Harper’s Ferry, W. Va., Aug. 3, 1871. For value received I promise to pay M. Walsh, his heirs, etc., three hundred and twenty 26-100 dollars, with interest. John L. Schilling.” The statute commenced to run at once on it. The defendant pleaded the limitation of ten years, — the period prescribed by the West Virginia statute. To repel the bar the plaintiff relies on a departure from the state by his debtor, under section 18, c. 104, Code 1887, providing that “where any such right as…
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