Goldsby v. Gentle

This was an action of assumpsit brought by Gentle for goods sold and delivered, money paid, money had and received, on an account stated, &c. The reál demand, according to a bill of particulars filed, was for money which the plaintiff, as the surety of the defendants for the stay of an execution, had been obliged to pay to the execution-creditors. Pleas, 1. Non assumpsit; 2. Non assumpsit within five years; 3. That the action had not accrued within five years; 4. Payment. Replications.in denial of the pleas. Verdict for the defendants. New trial granted on the plaintiff’s motion. On the…