...applies both to assumpsit and to debt in simple contract. The words of the act are, " all actions of account and upon the case, other than such accounts as concern the trade of merchandize between merchant and merchant, their factors and servants." (a) Assumpsit, as 2Uac. ie...

...262. 105; SC 5 Seott, 382. (*) 4 Anne, c. 16. ?. 10. (z) 21 Jac. 1. c. 16. it was enacted (a), that all actions of debt grounded upon any lending or contract without specialty, and all actions of debt for arrearages of rent, which should be sued or brought at any time after the...

...actions of account and upon the case, other than such accounts as concerned the trade of merchandize between merchant and merchant, their factors or servants,...grounded upon any lending or contract, without specialty, and all actions of debt for arrearages of rent, should be commenced within three years after the end...

...of Actions, and for avoiding of Suits in Law, it is among other things enacted, that all actions of account and upon the case, other than such accounts as concern the trade of merchandize between merchant and merchant, their factors or servants, and all actions of debt grounded...

...Actions. The general act of Virginia provides that all actions upon the case, other than for slander, and other than such accounts as concern the trade of merchandise between merchant and merchant, and all actions for account, and all actions for trespass, debt, detinue, and replevin for goods and...

...detinue, action sur trover and replevin, actions' for taking away of goods and chattels, all actions of account and upon the case (other than such accounts as concern the trade of merchandize between merchant and merchant, their factors or servants,) all actions of debt, grounded...

...consideration in this case is, whether it is within the exception in the statute relative to actions which concern the trade of merchandise between merchant and merchant, their factors or servants (1 RL of 1813, 187, § 5.) The recent decisions in .England, and which appear to contain the most rational...

...Crofton, vi. 307. 5. Since the Revised Statutes, c. 146, went into effect, there is no exception of " such accounts, as concern the trade of merchandise between merchant and merchant, their factors and servants," from the operation of the statute of limitations. Lvnt v. Stevens, xxiv. 534. 6. Where...

...answered, if it be a specialty by the laws of Kentucky, yet as the statute of Virginia provides that all actions of debt grounded upon any lending or contract without specialty shall be commenced and sued upon within five years next after the cause of such action or suit, and...

...of James the First enacts, that all actions of trespass, counts as concern the trade of merchandize between merchant and merchant, their factors or servants, all actions of debt, &c., shall be sued within, &c. " The suit before us is indebitatus assumpsit ; and we must first consider...