Spinney v. Freeman
Massachusetts Supreme Judicial Court
Contract on an account annexed for a balance of $228.62 alleged to be due for the price of goods sold and delivered by the plaintiff to the defendant. Writ in the Municipal Court of the City of Boston dated January 24, 1916. The defendant’s answer contained an allegation "that the cause of action mentioned in the plaintiff’s writ and declaration did not accrue within six years before the suing out of the plaintiff’s writ.”
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Contract on an account annexed for a balance of $228.62 alleged to be due for the price of goods sold and delivered by the plaintiff to the defendant. Writ in the Municipal Court of the City of Boston dated January 24, 1916. The defendant’s answer contained an allegation "that the cause of action mentioned in the plaintiff’s writ and declaration did not accrue within six years before the suing out of the plaintiff’s writ.” The evidence at the trial in the Municipal Court is described in the opinion. The first running account between the plaintiff and the defendant, there mentioned, was from…
1Opinion of the CourtDe Courcy, J.
When the parties entered on their second period of trading, on October 8, 1913, the plaintiff said to the defendant, “You must not let the old account increase, but must pay for your goods as you buy them.” From that time there were almost continuous transactions between the parties, the last purchase being on May 29, 1914. The trial judge has expressly found "that the defendant did pay for each bill of goods as bought or shortly thereafter and intended that his payments should be applied on said purchases and not on the purchases of the first period of trading and that the plaintiff intended…
2Cases cited4 opinions
- Ramsay v. WarnerMassachusetts Supreme Judicial Court · 1867
- Wenz v. WenzMassachusetts Supreme Judicial Court · 1916
- Kennedy v. DrakeMassachusetts Supreme Judicial Court · 1916
- Coon's Appeal from CommissionersSupreme Court of Connecticut · 1884
3Cited by6 opinions
- City of Boston v. NielsenMassachusetts Supreme Judicial Court · 1940
- Russell v. Bond & Goodwin Inc.Massachusetts Supreme Judicial Court · 1931
- Warren Brothers Co. v. Sentry Ins.Massachusetts Appeals Court · 1982
- A.J. Rinella & Co. v. Bartlett (In Re Bartlett)United States Bankruptcy Court, D. Massachusetts · 2007
- Coz Chemical Corp. v. RileyMassachusetts Appeals Court · 1980
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