Hoffman v. Parry
Missouri Court of Appeals
Appeal from Barton Circuit Court, Hon. Charles G. Burton, Judge. Statement of case by the court. The petition charges that in 1862, one Washington Adamson delivered to defendant certain vouchers held by him on the government of the United States for horses •sold by Adamson to said government, calling for the sum of four hundred dollars, and that defendant agreed and undertook to collect the same for Adamson ; and that •defendant did collect the same.
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Appeal from Barton Circuit Court, Hon. Charles G. Burton, Judge. Statement of case by the court. The petition charges that in 1862, one Washington Adamson delivered to defendant certain vouchers held by him on the government of the United States for horses •sold by Adamson to said government, calling for the sum of four hundred dollars, and that defendant agreed and undertook to collect the same for Adamson ; and that •defendant did collect the same. That Adamson died intestate in the year 1863. There were successive letters of administration granted on his estate, until the plaintiff was…
1Opinion of the CourtPhilips, P. J.
I. On this record this judgment was manifestly for the wrong party. The plaintiff’s cause of action accrued in 1867, whereas this suit was not brought until 1883, more than sixteen years after it might have been instituted. Under the statute it was barred in five years. But plaintiff contends that it is saved by section 3244, Revised Statutes, which provides, that: “If any person, by absconding or concealing himself, or by any other improper act, prevent the commencement of an action, such action may be commenced within the time herein limited, after the commencement of such action shall have…
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