Brackenridge v. Baltzell

Blackford, J. —

Jacob and Charles Baltzell brought an action of indebitatus assumpsit, in 1843, against Thomas I. Brackenridge, for goods sold and delivered.

The defendant pleaded, inter alia, the statute of limitations.

Replication, that the money sued for became due and payable on a running account of trade and merchandise had between the plaintiffs and defendant as merchants, and wholly concerned the trade of merchandise. Verification.

Rejoinder, that the supposed account was not, at any time within five years next before the commencement of the suit, a running account between the plaintiffs…