Russ v. Fay
Supreme Court of Vermont
Assumpsit upon a promissory note. Pleas, the general issue, a discharge in bankruptcy, and the statute of limitations. To the plea in bankruptcy the plaintiff replied a new promise; and to the plea of the statute of limitations the plaintiff replied, that the defendant was absent from, and resided without this state at the time the cause.of action accrued, and that he had not been within this state six years, nor had known attachable property within the state since that…
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Assumpsit upon a promissory note. Pleas, the general issue, a discharge in bankruptcy, and the statute of limitations. To the plea in bankruptcy the plaintiff replied a new promise; and to the plea of the statute of limitations the plaintiff replied, that the defendant was absent from, and resided without this state at the time the cause.of action accrued, and that he had not been within this state six years, nor had known attachable property within the state since that time. Trial by jury, December Term, 1856,— Underwood, J., presiding. On triál the plaintiff gave in evidence the note…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
On the issue arising under the plea of the statute of limitations in this case, the question arises whether the note mentioned in the declaration is saved from the operation of that statute by the residence of the defendant in another state, and by his not having in this state known property, which by the common and ordinary process of law could be attached. It appears from the case that the defendant was a resident in Dalton, in the state of New Hampshire, at the time the note was executed, and that he continued to reside there until a short…
2Cases cited5 opinions
- Washburn v. Bank of Bellows FallsSupreme Court of Vermont · 1847
- Bardwell v. PerrySupreme Court of Vermont · 1847
- Wheeler v. BrewerSupreme Court of Vermont · 1848
- Town of Colchester v. CulverSupreme Court of Vermont · 1856
- Royce v. HurdSupreme Court of Vermont · 1852
3Cited by4 opinions
- Hershfield v. Horace B. Claflin & Co.Supreme Court of Kansas · 1881
- Burnham v. CourserSupreme Court of Vermont · 1896
- Munroe v. PotterSupreme Court of Vermont · 1893
- Willis v. FreemanSupreme Court of Vermont · 1861