The joint owners of plantations in Java, which they worked in the co-partnership, kept an account with certain merchants and agents at Bombay, to whom they became largely indebted in respect of money advanced and paid for the use.
Held: The account was not a mercantile account within the meaning of the exception in the statute of limitations.
A plea of the statute of limitations is not double.
Averments in a plea of the statute of limitation negativing facts that would defeat the plea, but which are not stated in the bill, are surplusage, but do not vitiate the plea.
A plea of the statute of limitations need not negative the usual general allegation that the defendant has, in his custody, documents relating to the matters contained in the bill.
[1837] EngR 510, (1837) 8 Sim 335, (1837) 59 ER 133
Commonlii
England and Wales
Updated: 16 October 2021; Ref: scu.313627
