Moorman v. Sharp
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. I. This is not an action upon a writing for the payment of money or property, but an action upon a conditional or implied liability, and is therefore barred by the statute of limitations of five years. (R. 0. 1855, p. 1147,1148.) The only question in this case is, whether the limitation of ten years, or that of five years, applies to this action.
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Appeal from St. Charles Circuit Court. I. This is not an action upon a writing for the payment of money or property, but an action upon a conditional or implied liability, and is therefore barred by the statute of limitations of five years. (R. 0. 1855, p. 1147,1148.) The only question in this case is, whether the limitation of ten years, or that of five years, applies to this action. This is an “ action upon a writing for the payment of money, and therefore ten years is the limitation.” (R. 0. 1855, p. 1047, § 2.) The defendant “ promised to account” to the said plaintiff for the said sum at…
1Opinion of the CourtBat, Judge
This was a suit upon an instrument of writing in the words and figures' following: “ Received, October 23, A. D. *2841852, from Edwin W. Moorman, executor of Wiltshire L, Sharp, deceased, three hundred and ten dollars, to pay for the negro boy Perry, which I have this day bought from C. B. Wray and wife, and which amount I promise to account to the said Moorman at the final settlement of my late husband’s estate. Paulina Sharp, widow of W. L. Sharp, dec’d. By W. B. Oglesby.”
The answer sets up the statute -of limitations, alleging that the action did not accrue within five years before the…
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