...for avoiding of Suits in Law, James i, cap. ie, 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...

...which has been copied in most of the United States, almost verbatim, contains an exception that " sufch accounts as concern the trade of merchandise, between merchant and merchant, their factors or agents," shall not be barred by its provisions. When a plaintiff brings suit upon such an account,...

...in its principal features, in most of the United States, contains an exception of " such accounts-aa concern the trade of merchandise between merchant and merchant, their factors or servants." To bring a case within this exception, it must be alleged in the replication and shown by proof, to...

...contract, without specialty, shall be brought within the time limited, and not after ; but the words are, " all actions of debt, grounded upon any lending or contract, without specialty," shall be so brought. The case of Hodsden v. Harridge decides no more ; it is a case of an action of...

...the judges, in the cases we have referred to, elearly sanction. The words are — ' all actions of account and upon the case, other than such accounts...merchandise between merchant and merchant, their factors and servants.' Now, as was said by Seroggs, J., in the case of Farrington v. Lee, if the legislature...

...estate. (I) SECTION V. OF ACCOUNTS BETWEEN MERCHANTS. The statute of James applies to "all actions of account, and upon the case, other than such accounts...merchandise between merchant and merchant, their factors or id. 129; Kyle a. Wells, 17 id. 286; Gil- 102; Cripps a. Davis, 12 M. & W. 159; lingham v. Gilliugham,...

...irot'er, and replevin for taking away of goods and cattle, all actions of account and upon the case, all actions of debt, grounded upon any lending or contract without specialty, all actions for debt, for arrearages of rent, and all actions of assault, menace, battery, wounding and imprisonment,...

...by a contract in writing. 2. Actions upon stated or open accounts other than such mutual and current accounts as concern the trade of merchandise between merchant and merchant, their factors or agents. (2312.) SEC. 16. Accounts not of Merchants, &c., from Date of Delivery— In all accounts except...

...clausumfregit, all actions of Trespass, Detinue, Trover or Replevin, for Goods or Cattle, 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...

...a contract in writing. 6. Actions upon stated or open accounts, other than such mutual and current accounts as concern the trade of merchandise between merchant and merchant, their factors or agents." We are of opinion that the first subdivision of this article embraced the cause of action...