SPRING AND OTHERS v. the Executors of Gray
Supreme Court of the United States
ERROR to the circuit court of the United States for the district of Maine. This action was originally instituted in March 1829, by the plaintiffs in error, who survived Andrew M. Spring, their co-partner, in the court of coihmon pleas of the county of York, in the state of Maine, by process of attachment; and was removed to the circuit court of the United States, upon the petition of the defendants.
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ERROR to the circuit court of the United States for the district of Maine. This action was originally instituted in March 1829, by the plaintiffs in error, who survived Andrew M. Spring, their co-partner, in the court of coihmon pleas of the county of York, in the state of Maine, by process of attachment; and was removed to the circuit court of the United States, upon the petition of the defendants. The action was assumpsit; and in the declaration the first count was .for the balance of an account current, which account .was annexed to the writ.. The Second count was for money had and…
1Opinion of the Court
Mr Chief Justice Marshal^
delivered the opinion of the Court.
This cause depends entirely .on the question whether the plaintiffs áre within the exception of the statute of limitations, made in favour of “ such accountsas "concern the trade of merchandise between merchant and merchant.”
The plaintiffs id error brought an action on the case against the defendants, in the proper court of the state of. Maine, *161which was removed by the defendants into the circuit court of the United States for the district of Maine.
The first count was for balance of, accounts annexed to the writ; the second was for…
2Cases cited1 opinion
- Smith v. PinollaNew York Supreme Court · 1807
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