PLEADING-LIMITATIONS OF ACTIONS

Authors

Abstract

The plaintiff's complaint, both as to the action for breach of warranty in the sale of condensed milk, and for a running account between October 17, 1917, and March 20, 1920, was drawn up in such a manner that in so far as the facts alleged in the complaint were concerned, the causes of action might have accrued. more than six years before this suit was started, that is, while it did not appear on the face of the complaint that the causes of action accrued more than six years prior to the bringing of this suit, yet, from all that appeared, the causes might well have accrued before that time. The present action was started December 31, 1923. On motion to strike out and dismiss the plaintiff's complaint it was held, that, because, in both instances, the complaint did not affirmatively show' on its face that the plaintiff's causes of action had accrued less than six years before this suit was started, the causes of action were barred by the six-year statute of limitations (3 N. J. Comp. Stat. (1910) p. 3162). John S. Sills & Sons, lnc. v. Bridgeton Condensed Milk Co. (C. C. A. 3d, 1930) 43 F.(2d) 72.

Recommended Citation

PLEADING-LIMITATIONS OF ACTIONS, 29 Mich. L. Rev. 522 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss4/33