58 Iowa 629 | Iowa | 1882
This testimony was in no manner contradicted. The defendant was not examined as a witness upon the trial. Surely no stronger proof of the correctness of the account could well have been made than the foregoing. The general statement of the witnesses that defendant admitted the correctness of the account, must be accepted as an admission that it was correct in every particular.
. The account, it appears to us, “is a continuous, open, current account,” within the rules announced in Tucker v. Quimby, 37 Iowa, 17; and the cause of action accrued on the date of the last item therein as provided in Sec. 2531 of the Code.
The account consisted on its debtor side of five items. The first was dated July 16, 1873, and the last August 30, in the same year. The goods consisted of bedsteads, lounges, bureaus, tables, chairs, etc., and the whole account amounted to $220.50. A payment of $25 was made Nov. 6,1873, another of same amount was made March 13, 1874, another of same amount Dec. 27, 1875, one of $8 Feb. 1, 1876, and the last payment of $15 was made June 21, 1876. It is true that there is something over a year and nine months between the item of March 13, 1874, and Dec. 27, 1875, but taking those before and after and the whole together, and considering that all of the items have relation to the same open and continuous transaction between the parties, we are inclined to think there was no such break in the account, or cessation of dealing as to cause the statute of limitations to commence to run at any time before the date of the last item. We have held that the statute of limitations commences running from the last item in the account, whether it be on the debit or credit side thereof. Thorn & Stien v. Moore, 21 Iowa, 285.
Affirmed.