25 Mont. 283 | Mont. | 1901
delivered the opinion of the Court.
This action was brought to recover judgment for $262 (including interest) upon an open account for goods, wares and merchandise alleged to have been furnished by the assignor of the plaintiff to the defendant on the 31st day of December,
Upon the present appeal there is but one question involved,— that of the statute of limitations. The cause of action accrued on December 31, 1892. The account upon which the action was„ commenced was not founded on an instrument in writing. The complaint was filed on December 29, 1897. At the time the cause of action accrued, and until July 1, 1895, the period prescribed for the commencement of an action upon an account not founded upon a written instrument signed by the party chargeable therewith, was five years (Laws of 1889, p. 172). The Code of Civil Procedure of 1895 became operative on July 1, 1895. Subdivision 1 of Section 514 of that Code prescribes that an action such as the one at bar shall be commenced within three years after the cause of action has accrued. Sec
The judgment is therefore reversed and the cause remanded for a new trial. Let remittitur issue forthwith.
Reversed and remanded.