Gailey v. Washington's Ex'x

2 Del. 204

• Court: Superior Court of Delaware
• Decided: July 5, 1837
• Status: Published

Opinion

Per Curiam.

J. M. Clayton, Chief Justice.

The account here sued upon, is of very long standing. The entries for several years are erased; at what time, or by whom, does not appear; but all .the charges subsequent to 1826, are scratched off. The plaintiff now produces a proved account, not as an account stated between the parties, but as a mere statement drawn from his books, and which the books ought to support. All the items of this account, from 1826 down, are either struck from the book or are not found there to sustain the account. On this state of the case, the question put to us, is whether these items of the account prior to 1826, were not barred by the act of 1829, which declares that all accounts which .were barred on the 1st of September 1829, shall stand and remain barred. And we charge the jury that this account, which shows no items since 1826, and which was barred on the 1st of September 1829, l'emains barred, notwithstanding the subsequent acknowledgement of Mrs. Washington.

Verdict for defendant.