case Farrington against lee limitation of personal action only extend to  account between merchant S C Mod Indebitatus assumpsit for money have and  receive to the use of the plaintiff a quantum to deserve for ware sell and a  accuse computtisset c the defendant plead the statute of limitation non  assumpsit infra sex aged the plaintiff reply that this action be ground on the  trade of merchant and bring against the defendant as his factor c the  defendant rejoin that this be not a action of account the plaintiff demurrer  for that this statute James c be make in restraint of the commonlaw and  therefore be not to be favour or extend by equity but to be take strict and  that if a man have a double remedy he may take which he please and here the  plaintiff may have bring a action of account or a action on the case ground on  a account modern but Baldywn sergeant insist that the declaration be not full  enough for the plaintiff ought to set forth that the action do concern  merchant account and that the replication do not help it the court be of  another opinion for that it need not be so set forth in the declaration  because he can not tell what the defendant will plead so that sup modern er p  pose he to be within the save of the Act his replication be good and it be the  usual way of plead and no departure because the plea of the defendant give he  occasion thus to reply but the save extend only to account between merchant  their factor and servant and a action on the case will not lie against a  bailiff or factor where allowance and deduction be to be make unless the  account be adjust and state as it be resolve in sir Paul neal case against his  bailiff where the account be once state as it be here the plaintiff must bring  his action within six year a see Webber v tivel lev sand keb a but if it be  adjust and a follow account be add in such case the plaintiff shall not be bar  by the statute because it be a run account b see Martin v Delboe Mod lev side  vent and Cheveley v bind Mod holt Carth show b but if he shall not be bar here  then the exception will extend to all action between merchant and their factor  as well as to action of account c see Sherman v wither Chan case c which be  never intend and therefore this plea be good and the save extend only to  action of account whereupon judgement be give for the defendant trinity term  the thirty of Charles the second in the king bench sir Richard Rainsford Knt  chief justice sir Thomas Twisden Knt sir William wile Knt sir Thomas Jones Knt  justice sir William Jones Knt attorney general sir Francis winnington Knt  solicitor general