Greenman v. Executors of Wilson

9 Del. 14

Opinion

The Court,

Wootten, J.

charged the jury. That if they were satisfied from the evidence that there were mutual accounts between the parties which continued open and current on both sides during the period designated, the statute of limitations would not begin to run against either of them during that time, nor until the date of the last item charged iu the account of the deceased against the plaintiff, and not until three years thereafter would the plaintiff’s account be barred by the statute. But if it had been so barred by the statute, any direct and unqualified acknowledgment or admission afterward made by the deceased that the account of the plaintiff was still subsisting, unsettled and good against him, or that he was willing to and would settle it at a future time, would take it out of the operation of the statute of limitations, and if the action had been brought within three years after such an acknowledgment or admission made by the deceased of the existence and validity of the plaintiff’s account against him, the plaintiff would be entitled to recover, as the statute of limitations was the only defence relied upon by the defendants in the action.