Legal Opinion

Mandeville & Jamesson v. Wilson

Supreme Court of the United States

Decided February 15, 1809PublishedCited by 1 opinion

ERROR to the circuit court, of the district of Columbia, sitting at Alexandria, in an action of assumpsit brought by the defendant in error for goods said and delivered, and for' the hire of a slave. • The defendants below pleaded non .assumpserunt, ‘.and the statute of limitations.

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ERROR to the circuit court, of the district of Columbia, sitting at Alexandria, in an action of assumpsit brought by the defendant in error for goods said and delivered, and for' the hire of a slave. • The defendants below pleaded non .assumpserunt, ‘.and the statute of limitations. To the'latter plea the plaintiff replied, “ that the said money ita the several promises and undertakings - aforesaid above mentioned in the declaration, at the' time of the making of the promises and undertakings aforesaid, became due and payable on an' account current of trade and merchandise had between the…

1Opinion of the Court

Marshall, Ch. J.

delivered the opinion of the court,

That the exception in the statute applied to actions of assumpsit, as well as to actions of account. That it extended to all accounts current which concern the trade of merchandise between merchant an,d merchant. That an account closed by,,the cessation of dealings between the ’ parties is not an account *19stated, and that it is not necessary that any of the items should come within the five years. That the replication was good, and npt repugnant to the declaration ; and that the rejoinder was bad.

Judgment affirmed with costs.'

2Cited by1 opinion

  1. Mandeville and Jamesson v. WilsonSupreme Court of the United States · 1809

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