Douglas v. Corry
Ohio Supreme Court
Error to the Circuit Court of Hamilton County. The suit below was for the recovery of money collected by the defendant’s testator as attorney for the plaintiff. The .suit was commenced October' 11, 1884; and the petition, ■omitting the style and verification, is as follows : “The plaintiff says that the said ¥m.
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Error to the Circuit Court of Hamilton County. The suit below was for the recovery of money collected by the defendant’s testator as attorney for the plaintiff. The .suit was commenced October' 11, 1884; and the petition, ■omitting the style and verification, is as follows : “The plaintiff says that the said ¥m. M. Corry died in September in the year 1880, and that the said Antonia F. Corry is the executrix of the estate, duly appointed and qualified on the 6th day of October, 1880. “That in the year Í867, the said ¥m. M. Corry was acting .as attorney of the plaintiff, and that he continued…
1Opinion of the CourtMinshall, C. J.
The only question that arises upon the record is as to whether the claim stated in the petition is barred *351by the statute of limitations. The money sought to be recovered was collected by the deceased while acting as the attorney of the plaintiff. No demand was made until over six years had elapsed after its collection. When the demand was-made he promised to pay it, but. failed to do so. The demand was made in 1880, and he died in the same year, the relation of attorney subsisting up to the time of his death. The claim was presented to the executrix in 1884, and rejected by her; whereupon…
2Cases cited12 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Kane v. BloodgoodNew York Court of Chancery · 1823
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Rathbun v. IngalsNew York Supreme Court · 1831
- Finney v. CochranSupreme Court of Pennsylvania · 1841
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