Jones v. Walden

This is an action against the administrator of the estate of James B. Chase, deceased, to recover. $12,180.75 alleged to have been owing from said Chase at the time of his death to plaintiff upon an open, mutual, and current account. Judgment went for defendant and plaintiff appeals from the judgment and from an order denying his motion for a new trial.

The court below held that appellant’s alleged cause of action was barred by section 1498 of the Code of Civil Procedure; and we do not see how this conclusion can be successfully assailed. That section is as follows: “When a claim is rejected…