10 Ala. 959
Decided January 15, 1847
Supreme Court of Alabama · decided 1847-01-15
Assumpsit by the defendant, against the plaintiff in error, on an open account. Pleas, non-assumpsit and the statutes of limitations, of three and six years. On the trial, the plaintiff proved the account, the last item of which was due more than three years before the commencement of the suit, and also proved that the defendant within three years, admitted the correctness of the account, but said he had off sets to a small amount, but did not promise to pay' the account.
Cited by 2 later decisions — most recently January 1868
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1847-01-15
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¶1The case of St. John v. Garrow, 4 Porter, 223, is identical with this case. There, as here, the admission was made before the statute operated as a bar, and the effect of this admission was to postpone the operation of the statute three years longer. As the suit was commenced within the three years, the court correctly instructed the jury that the admission of the correctness of the account, if believed by them, took the case out of the statute.
¶2Let the judgment be affirmed.