Tatman v. Simpson

7 Del. 242

• Court: Superior Court of Delaware
• Decided: July 5, 1860
• Status: Published

Opinion

The Court,

Gilpin Ch. J.,

charged the jury, that the mutuality of the two accounts, both of which commenced more than twenty years since, that is to say, in the year 1836, as open and current accounts with respect to each other, ceased on the 18th day of June, 1853, the date of the last item entered in the account of the defendant helow against the deceased, and from that time the statute of limitations began to run against the account of the plaintiff below, that is to say, of the deceased, and that he consequently could not recover for any item charged in his account more than three years before the commencement of the suit below. But as it appeared from the evidence and the account itself, that the only item charged in the account of the plaintiff" below, within the three years next preceding the commencement of the suit below, was the last item in the account, entered August 13th, 1856, it was the only item in the account which then remained unbarred by the statute of limitations, and was consequently the only item in it on which the plaintiff below, could now recover.

C. S. Layton, for plaintiff below.

L. J). Chillen, for defendant below.