Clements v. Lee
Texas Supreme Court
Error front Harrison. On the T5Mi day of May, 1847, the plaintiff in error iileil lii.s petition in tlie District Court, alleging in substance that lie entered into a commercial partnership with the defendant in the year 1840; that tlie partners were to share alike in tlie profits and losses of the partnership; that in January, 1842, it was dissolved ; that tlie firm was then largely indebted, and that it was agreed between the parties that they should proceed to liquidate…
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Error front Harrison. On the T5Mi day of May, 1847, the plaintiff in error iileil lii.s petition in tlie District Court, alleging in substance that lie entered into a commercial partnership with the defendant in the year 1840; that tlie partners were to share alike in tlie profits and losses of the partnership; that in January, 1842, it was dissolved ; that tlie firm was then largely indebted, and that it was agreed between the parties that they should proceed to liquidate and settle tlie debts of the firm then outstanding, and that each partner, at some future day and on demand of tlie…
1Opinion of the CourtWheeler, J.
To obviate the bar interposed by the statute of limitations, it is insisted for the plaintiff'in error (hat the cause of action did not accrue until the demand made upon the defendant to account in December, 1840.
If it be conceded that the cause of action did not accrue when the last payment was made, and that the statute cousequently-would not commence running until a demand of settlement, the demand must have been made within a reasonable lime; and in Hie case of a promissory note payable within a given time after demand, it is held that a demand must bo made within a reasonable time from…
2Cited by6 opinions
- Stevens v. State Farm Fire & Casualty Co., Texas Court of Appeals, 6th District (Texarkana)1996
- Cummins and Walker Oil Co. v. Smith, Texas Court of Appeals, 4th District (San Antonio)1991
- Dean v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1938
- Colwell v. ColwellOregon Supreme Court · 1919
- French v. HillCourt of Appeals of Texas · 1934
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