Pritchard v. Spencer

Perkins, J.-

This was an action of assumpsit commenced in June, 1848. The declaration contained a count for goods sold, &c. To that count the defendant pleaded that he did not promise within six years. The plaintiff replied that the demand claimed in said count was due upon a running account between the parties as merchants. A demurrer was sustained to this declaration, and, as to said count, the defendant had judgment. This is the error complained of.

Prior to the Revised Code of 1843, there was no statute of limitation in this state upon running accounts between merchant and merchant, and it…