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· 7/1/1864

Ashley v. Vischer

Citations

  • 24 Cal. 322

Syllabus

<p>Receipt for Money.—A mere naked receipt in writing, acknowledging the delivery of money, is not a contract, and does not import a promise, obligation, or liability, and an action upon it is therefore barred by the Statute of Limitations in two years.</p> <p>Same—When a Contract.—A receipt or acknowledgment in writing for money, which also contains a clause stating that the money received is to be applied to the account of the person from whom received, partakes of the double nature of a receipt and contract, and shows upon its face a liability to account, and an action upon it is not barred by the Statute of Limitations until four years have expired.</p>

Judges: Sawyer

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