Winston v. McCormick

Blackford, J. —

Assumpsit against Winston for goods sold and delivered, money had and received, &c.

The suit was commenced in December, 1845.

Plea, that the causes of action did not, nor did either of them, accrue within five years next before the commencement of the action. General demurrer to the plea, and judgment for the plaintiff.

The limitation of actions of assumpsit on unwritten contracts is, by the act of 1843, six years. R. S. 1843, p. 686.

The defendant, however, contends, that this suit, though commenced in 1845, is, as to the time for commencing it, governed by the act of 1838 under…