
    GENERAL COURT,
    APRIL TERM, 1793.
    (EASTERN SHORE.)
    Galligher against Hollingsworth.
    THIS was an action against the defendant, as a carrier; to which he pleaded the statute of limitations.
    The plaintiff offered to prove an assumpsit after the expiration of three years, which was opposed by the defendant’s counsel. Whereupon the opinion of the court was prayed, “ whether an assumpsit, after the expiration of three years, was not sufficient to take the case out of the statute of limitations.”
    Cooke, for the plaintiff.
    
      W. Tilghman and H. Mathews, for the defendant.
   The Court.

(Chase, J. dubitat.)

An assumpsit, after three years, is not sufficient to take the case out of the statute of limitations against a carrier, it being founded on a tort.  