Kline v. Mohry

Decided March 3, 1884

Supreme Court of Pennsylvania · decided 1884-03-03

296, January Term, 1884. On June 16, 1883, Gotthard Mohry recovered a judgment against David T. Horlacher, and issued attachment execution with notice to Tilghman R. Kline, as garnishee, and obtained service on him the same day. On the trial it was proved that Kline had bought a pair of horses from Horlacher and the balance due thereon was $350. Kline made defense that on June 7,1883, he had purchased a claim of Sylvester Bieber against David Horlacher amounting to $344.58..

Decided 1884-03-03

¶1The Supreme Court affirmed the judgment of the Common Pleas on March 3d, 1884, in the following opinion :

Per Curiam.

¶2In order to take a running account out of the statute of limitations, it is not necessary that the account should be strictly between merchant and merchant. It may be between other persons, provided the mutuality of accounts of the *281proper character exists. A charge or entry on a book of money is not such an item as is necessary. It is not for goods sold and delivered, nor for work and labor done. Money is not the proper subject of book account. The portion of the account rejected in this case was for the time when there were no mutual accounts. On the one- side, it was the payment of money only. The unquestioned facts in evidence justified the charge of the Court.

¶3Judgment affirmed.