McCormick v. Eliot
U.S. Circuit Court for the District of Massachusetts
At Law. This was an action of contract, brought May 16, 1887, by McCormick, a citizen of Illinois, against Eliot, a citizen of Massachusetts, to recover the balance of an account stated August 8,1863, by Eliot and one Eiske with McCormick, amounting to the sum of $2,058.16, and interest.
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At Law. This was an action of contract, brought May 16, 1887, by McCormick, a citizen of Illinois, against Eliot, a citizen of Massachusetts, to recover the balance of an account stated August 8,1863, by Eliot and one Eiske with McCormick, amounting to the sum of $2,058.16, and interest. The defendant pleaded- (1) a general denial; (2) accord and satisfaction; (3) that the cause of action did not accrue within six years; (4) that, by the statute of limitations of Illinois, the plaintiff’s cause of action was barred by the defendant’s continuous residence in Illinois for more than 10 years…
1Opinion of the Court
Gray, Justice,
(after stating the facts as above.) Actions in the courts of the United States are doubtless governed by the statute of limitations of the state in which the court is held, as construed by the highest court of the state. Bank v. Eldred, 130 U. S. 693, 9 Sup. Ct. Rep. 690; Moores v. Bank, 104 U. S. 625. By section 1 of the Massachusetts statute of limitations of personal actions, (Pub. St. c. 197,) actions of contract founded upon contracts or liabilities not under seal, express or implied, except actions upon judgments of courts of record, must be commenced within six years next…
2Cases cited11 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Sohn v. WatersonSupreme Court of the United States · 1873
- Freeman v. AldersonSupreme Court of the United States · 1886
- Moores v. National BankSupreme Court of the United States · 1882
- Murray v. GibsonSupreme Court of the United States · 1854
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- Fordham v. HicksDistrict Court, S.D. Georgia · 1915