Spalding Insurance & Realty Co. v. Morris

Quillian, Presiding Judge.

The plaintiff appeals from the grant of defendant’s motion for summary judgment predicated on the statute of limitations. The plaintiff originally sought recovery on an account. The complaint was subsequently amended to allege that the “account represents *870premiums for written contract of insurance” followed by a listing of such amounts.

The action was brought on June 13, 1979. The basic issue presented to the trial judge was whether Code § 3-705 or 3-706 was controlling. Code § 3-705 provides: “All actions upon promissory notes, bills of exchange, or other simple…