Kingsley v. Delano
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, against the executor of the will of Henry B. Graves, to recover $146. The defendant set up the defence that all the items except the last two were barred by the statute of limitations. The first item in the account annexed was dated January 17, 1862, and the last was dated January 12,1894. Writ dated October 27, 1896. Trial in the Superior Court before Dewey, J., who allowed a bill of exceptions in substance as follows.
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Contract, upon an account annexed, against the executor of the will of Henry B. Graves, to recover $146. The defendant set up the defence that all the items except the last two were barred by the statute of limitations. The first item in the account annexed was dated January 17, 1862, and the last was dated January 12,1894. Writ dated October 27, 1896. Trial in the Superior Court before Dewey, J., who allowed a bill of exceptions in substance as follows. To show that the items after proof of them had been given were not barred by Pub. Sts. c. 197, the plaintiff relied upon § 8 of that…
1Opinion of the CourtMobton, J.
In view of the agreement of counsel and the ruling of the court, the jury must have found that there was an open and mutual account current between the plaintiff and the testator. We think that there was evidence to warrant such a finding. The plaintiff testified, on direct examination, that the mare was to be charged to his account; that “ that was the agreement and the understanding” ; and that the price was to be $20. On cross-examination he said, amongst other things, that “ it was to be applied on the account.” This, if believed and taken in connection with the other testimony, would…
2Cases cited6 opinions
- Goldthwait v. DayMassachusetts Supreme Judicial Court · 1889
- Flippin v. HaysCourt of Appeals of Kentucky · 1860
- Whipple v. BlackingtonMassachusetts Supreme Judicial Court · 1867
- Dewing v. DewingMassachusetts Supreme Judicial Court · 1896
- Eldridge v. SmithMassachusetts Supreme Judicial Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Howland v. StoweMassachusetts Supreme Judicial Court · 1935
- City of Boston v. NielsenMassachusetts Supreme Judicial Court · 1940
- Markiewicz v. TotonMassachusetts Supreme Judicial Court · 1935
- Kennedy v. DrakeMassachusetts Supreme Judicial Court · 1916
- Harding v. CovellMassachusetts Supreme Judicial Court · 1914
4 more not listed; retrieve them via the Exa API.