MENIAL. This term is applied1 to servants who live under their master's roof Vide stat. 2 H. IV., c. 21.
MENSA. This comprehends all goods and necessaries for livelihood2. Obsolete3.
MENSA ET THORO. The phrase a mensa et thoro is applied to a divorce which separates the husband and wife but does not dissolve the marriage. Vide Divorce.
MERCHANDISE. By this term is understood all those things which merchants sell either wholesale4 or retail5, as dry goods, hardware, groceries, drugs, &c. It is usually applied to personal chattels6 only, and to those which are not required for food or immediate7 support, but such as remain after having been used or which are used only by a slow consumption. Vide Pardess. n. 8; Dig. 13, 3, 1; Id. 19, 4, 1; Id. 50, 16, 66. 8 Pet. 277; 2 Story, R. 16, 53, 54; 6 Wend. 335.
MERCHANT. One whose business it is to buy and sell merchandise; this applies to all persons who habitually8 trade in merchandise. 1 Watts9 & S. 469; 2 Salk. 445.
2. In another sense, it signifies a person who owns ships, and trades, by means of them, with foreign nations, or with the different States of the United States; these are known by the name of shipping10 merchants. Com. Dig. Merchant, A; Dyer, R. 279 b; Bac. Ab. h. t.
3. According to an old authority, there are four species of merchants, namely, merchant adventurers, merchant dormant11, merchant travellers, and merchant residents. 2 Brownl. 99. Vide, generally, 9 Salk. R. 445; Bac. Ab. h. t.; Com. Dig. h. t.; 1 Bl. Com. 75, 260; 1 Pard. Dr. Com. n. 78
MERCHANTMAN. A ship or vessel12 employed in a merchant's service. This term is used in opposition13 to a ship of war.
MERCHANTS' ACCOUNTS. In the statute14 of limitations, 21 Jac. 1. c. 16, there is an exception which has been copied in the acts of the legislatures of a number of the States, that its provisions shall not apply to such accounts as concern trade and merchandise between merchant and merchant, their factors or servants.
2. This exception, it has been holden, applies to actions of assumpsit as well as to actions of account. 5 Cranch, 15. But to bring a case within the exception, there must be an account, and that account open and current, and it must concern trade. 12 Pet. 300. See 6 Pet. 151; 5 Mason, R. 505; Bac. Ab. Limitation of Actions, E 3; and article Limitation.