58 Neb. 785 | Neb. | 1899
This action was instituted by William W. Rice, Henry W. Ring, and Charles Rice, as partners, to recover of Charles A. Sibley a sum of money alleged to be due upon an open account. The items constituting the account arise out of a connected-series of transactions covering a period of several years. The answer presented among other defenses the statute of limitations. A trial to a jury in the district court of Lincoln county resulted in a verdict and judgment in favor of the plaintiffs. The defendant prosecutes error.
The last item on the debit side of the account was entered October 9, 1890, and is as follows: “To cash paid M. S. Ayer & Co., $882.20.” Whether this item is a proper charge. — whether it represents an actionable demand in favor of the plaintiffs and against the defendant — is the only question.discussed by counsel and, therefore, the only one which we are called upon to decide. The contention of counsel, as we understand it, is that the entry, as elucidated by the evidence, represents merely a dis
Affirmed.