Harding v. Covell
Massachusetts Supreme Judicial Court
Contract for money paid to the defendant by accident and mistake in 1899, 1900, 1902, and 1903. Writ dated December 18, 1912. The answer, besides containing a general denial, alleged that the action was barred by the statute of limitations.
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Contract for money paid to the defendant by accident and mistake in 1899, 1900, 1902, and 1903. Writ dated December 18, 1912. The answer, besides containing a general denial, alleged that the action was barred by the statute of limitations. In the Superior Court the case was tried before Morton, J. The assignment referred to in the last paragraph of the opinion, which was under seal and was dated March 14, 1906, recited that the plaintiff, as guardian of Cornelia Phelps, had made an agreement with the defendant, a niece of the ward, to board and care for the ward for a stipulated amount per…
1Opinion of the CourtSheldon, J.
The statute, It. L. c. 202, § 2, provides that actions like this must be brought within six years after the cause of action accrues. This writ is dated December 18, 1912. The action is brought to recover sums of money, of which the latest became due in 1903. But the plaintiff contends that the statute of limitations does not apply.
1. He contends that under the agreement between himself and the defendant there was a mutual and open account current between them, in which he was to be credited with the payments made from time to time by him to her, and she with the amounts as they accrued due to…
2Cases cited6 opinions
- Graham v. StantonMassachusetts Supreme Judicial Court · 1901
- Eldridge v. SmithMassachusetts Supreme Judicial Court · 1887
- Kingsley v. DelanoMassachusetts Supreme Judicial Court · 1897
- Parker v. SchwartzMassachusetts Supreme Judicial Court · 1883
- Safford v. BarneyMassachusetts Supreme Judicial Court · 1876
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
- Noel v. BaskinDistrict Court, District of Columbia · 1942
- Newburgh v. FLORSHEIM SHOE COMPANYDistrict Court, D. Massachusetts · 1961
4 more not listed; retrieve them via the Exa API.