The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-05-13
OPINION OF THE COURT PER BICK-
ERTON, J.

This matter comes here on an
appeal from the decision of Mr..
Justice Dole, in which he sets out
a full statement Of the case. The
decision appealed from is as fol-
lows:
The parties were partners in
sugar plantation and sold out on
the 9th of November, 1888, since
which time they have had no deal
ings with each other.
As the consideration Of the sale,
the purchaser assumed the debts
of the firm and a private debt of
the defendant of $1323.87 to him
self. The plaintiff now claims this
from the defendant. He also claims
$301.27 for moneys overdrawn from
the partnership funds by the de-
PENDANT and an item of SIG on
account Of some error in the book
keeping. There is no dispute as
to the accuracy of these figures /;
but the defendant under his plea
of the Statute of Limitations, con-
tends that these claims accrued, if
they have accrued at all, at or be-
fore the sale of the plantation on the
9th November, 1888, and that they
are consequently outlawed, more
than six years having elapsed since
that time before this action was
brought. The plaintiffs counsel
claims that the parties having been
partners and there having been no
settlement of the partnership &C
counts, the statute of limitations
has not begun to run.
| think that these claims must
be deemed to have accrued at the
sale of the plantation. The books
had been delivered by the defend
ant 70 the plaintiff. These claims
were then ascertainablc from the
lQoqses .a,na fip9aq tlas teFHs Of the
SAKE DO 4pFlTtAeT ilt.eEgss, 81 account
|haYe been entered between tbs
,paEFes. IAe lppslpTless was sold out
except as az might he considered as
open Tor the settlement and pay
ment of their accounts between
themselves, their debts to others
having been disposed of by their
sale. Proceedings for such settle
ment should have been brought
within six years thereafter. SAC
tions for the recovery of any debt
founded upon any contract, obliga
ton or liability" excepting judg
ment debts shall be brought with.
in six years next after the
cause of such action accrued, and
not after" Civil Code, Section
1036). 'In all actions for debt
account or assumpsit, brought to
recover any balance due upon a
mutual, open and current account
the cause Of action shall be deemed
TO have accrued from the time o.
the last item proved in such &C
count. " (Civil Code, Section
1888; Barber VS.. Barber, Is Yes
286; Foster VS.. Hodgson, 10 Yes
80, and 2 Lind ey on Partner
ship, $685.
BY THE COURT.
The defendants plea is allowed
and the bill dismissed.
There can be no doubt but that
the claim now made by the plain
tiff accrued at the time of the sale
of the plantation, and the amount
now claimed by plaintiff was then
ascertained. The partnership
ended then and there. All of the
partnership property had been sold
and the partnership debts assumed
by the purchaser. The only thing
remaining was the settlement OF
payment of these ascertained
amounts said to be due the plain.
tiff; it ceased to be partnership
matter. THE plaintiffs right OF
action had accrued. He might
have brought suit against the de-
PENDANT to recover the amount
now claimed by him, at any time
after November, 1883. 1t is not
contended or claimed that there has
been any transactions between the
parties since that date; the claim
stands now as it did then it was
not an open account. The ques-
ton as to whether the purchaser
assumed the private debt of the
defendant as well as the firm debts
need not be considered on this plea
of the Statute of Limitations, for
that question cannot affect this
case if the statute has run for six
years and the claim is barred
Where an account has been
stated between two partners
and q balance was found due to
one of them from the other, and
twenty-four years afterwards bill
was fled by the former against the
latter for discovery and account,
plea that, according to plaintiff s
own showing, the balance was due
twenty-four years before the filing
of the bill, and that his remedy was