Watt v. Kirby

This was an action of debt, brought by Kirby against D. B. Watt, surviving partner of D. Watt & Son. The declaration contained the common counts. The defendant pleaded nil debet; and that the cause of action did not accrue within five years. The court sustained a demurrer to the latter plea. It appeared in evidence, that D. Watt run a flouring mill for some time on his own account, and that D. B. Watt was employed by him about the mill; that they afterwards formed a partnership under the style of D. Watt & Son, and run the mill on account of the firm; that Kirby was in the habit of buying…