Wilson v. Calvert

This was an action of assumpsit, by the defendant against the plaintiff in error, upon an account. One of the pleas relied on was the statute of limitations of three years, upon which issue was joined. On the trial the defendant below requested the court to charge the jury, “that all that part of the account, which had accrued more than three years before the bringing of the suit, was barred by the statute.” This charge the court refused to give, and instructed the jury that if any part of the account current was within the statute, and not barred, no part of the account was barred. The bill…