Graybar Electric Co. v. Lovinger

The question on this appeal is whether the four-year period within which the action had to be brought to avoid the bar of the statute under section 337, Code of Civil Procedure, was extended by virtue of section IIP of the Bankruptcy Act. (11 U.S.C.A., § 29, subd. f.) The trial court held that it was not so extended, that the action was barred and rendered .judgment for defendant, from which .plaintiff appeals.

The court found that as of August 6, 1940, defendant was indebted to plaintiff on an open book account in the sum of $29,086.19, and that an account was stated on that date establishing…