Jackson v. Brown

Hall, Judge.

The issue is whether the period of limitation for bringing the action was four or six years. Code § 3-705 provides: “All actions upon promissory notes, bills of exchange, or other simple contracts in writing shall be brought within six years after the same shall have become due and payable.” Code § 3-706 provides: “All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied assumpsit or undertaking, shall be brought within four years after the right of action shall have accrued.”

The earliest decision…