Legal Opinion

Bond and Another v. Jay

Supreme Court of the United States

Decided February 22, 1813PublishedCited by 6 opinions

ERROR to the Circuit; Court fox' tlie district of Maryland in an action of assumpsit brought by Borid and Brooks against Jay, surviving partner of Samuel J ay and. Gabriel Christie, trading under the firm of Samuel Jay and Company, upon an account for mern di z e sold and delivered. The Defendant, Jay* the statute of limitations of Maryland, 1715, 2S’ w^'ch limits actions of assumpsit to three years after tiie cause ’of action shall have accrued.

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ERROR to the Circuit; Court fox' tlie district of Maryland in an action of assumpsit brought by Borid and Brooks against Jay, surviving partner of Samuel J ay and. Gabriel Christie, trading under the firm of Samuel Jay and Company, upon an account for mern di z e sold and delivered. The Defendant, Jay* the statute of limitations of Maryland, 1715, 2S’ w^'ch limits actions of assumpsit to three years after tiie cause ’of action shall have accrued. To this plea the Plaintiffs replied « that at the ,time «when the several sums of money in the declaration frientioned grew duo, viz. on the 20th of…

1Opinion of the Court

Marshall, Ch. J.

delivered the opinion of the Court as follows:

This suit was brought by the Plaintiff, a merchant of Pennsylvania, against the Defendant, a merchant of Maryland, upon an account which grew out of their trade with each other as merchants. The Defendant pleaded the statute of limitations, to which the Plaintiff replied that the Plaintiff, who resided in the state of Pennsylvania, and the Defendant were employed in mutual trade and merchandize, of and concerning which the said several sums of money in the said declaration mentioned grew due. The Defendant rejoins that the…

2Cited by6 opinions

  1. State v. Lancashire Fire InsuranceSupreme Court of Arkansas · 1899
  2. Jones v. Coal Creek Mining & Manufacturing Co.Tennessee Supreme Court · 1915
  3. E. C. Warner Co. v. W. B. Foshay Co.Court of Appeals for the Eighth Circuit · 1932
  4. President of the Union Bank v. KnappMassachusetts Supreme Judicial Court · 1825
  5. Didier v. DavisonNew York Court of Chancery · 1844

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