Menges v. Frick
Supreme Court of Pennsylvania
• Error to the Court of Common Pleas of Union county: No. 77J, to July Term 1872. This was an action of assumpsit brought October 6th 1868, by John Menges and Solomon Menges against Henry Frick and others, trading as Frick, Billmeyer & Co. The cause of action was a book-account for lumber furnished by the plaintiffs to the defendants.' The declaration was in the common counts; the plaintiffs also filed a copy of their account, charging defendants with lumber furnished them.
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• Error to the Court of Common Pleas of Union county: No. 77J, to July Term 1872. This was an action of assumpsit brought October 6th 1868, by John Menges and Solomon Menges against Henry Frick and others, trading as Frick, Billmeyer & Co. The cause of action was a book-account for lumber furnished by the plaintiffs to the defendants.' The declaration was in the common counts; the plaintiffs also filed a copy of their account, charging defendants with lumber furnished them. The account was:— “ Lewisburg, October 7th 1862. “Erick, Billmeyer & Co. bought of John & Sol. Menges. June 8. Timber, *…
1Opinion of the Court
*140The opinion of the court was delivered May 17th 1873, by
Williams, J.
The only question necessary to be considered in this case is, was the plaintiffs’ action barred by the Statute of Limitations ? The last item of timber in the account sued on was delivered on the 6th of October 1862, and the action was commenced on the 6th of October 1868. The act provides that actions for account shall be commenced and sued “ within six years next after the cause of such actions or suit, and not after.” There can be no doubt that the cause of action in this case arose on the day the timber was delivered. If…
2Cases cited1 opinion
- Green's AppealSupreme Court of Pennsylvania · 1843
3Cited by8 opinions
- Gibson v. Pittsburgh Transportation Co.Supreme Court of Pennsylvania · 1933
- Kelly v. Independent Publishing Co.Montana Supreme Court · 1912
- In re BabjakDistrict Court, W.D. Pennsylvania · 1914
- Hattiesburg Grocery Co. v. TompkinsMississippi Supreme Court · 1916
- Bell v. Forred, Pennsylvania Court of Common Pleas, Berks County1943
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