Bethel Mills, Inc. v. Whitcomb

This is an action of contract to recover upon a running account between the parties. The defendant pleaded the general issue and the statute of limitations. Plaintiff filed a replication in which issue was joined on the general issue, and as to the statute of limitations that the defendant had been absent from the State of Vermont for a sufficient time to prevent the operation of the statute, to-wit, for the past seven years. Defendant thereupon filed a rejoinder setting forth that ever since the alleged indebtedness was incurred, the defendant had known property within the State which could…