Barr v. Luckenbill

Opinion by

Me. Justice Hoeace Steen,

At the conclusion of plaintiff’s case the court instructed the jury to find for defendant on the ground that the claim was barred by the statute of limitations. This appeal challenges the propriety of that instruction.

On October 5,1931, plaintiff, Raymond D. Barr, gave to defendant, R. S. Luckenbill, 1 $6,500 and on February 14, 1933, $1,000, which he was to invest for plaintiff in securities to be approved by the latter. Pending such investment defendant was to have the use of the money for his own purposes and to pay 3 % interest thereon.

On January…