Paine v. Drew
Supreme Court of New Hampshire
Assumpsit, upon a bill of exchange and an account annexed. There were several pleas, replications and rejoinders filed in the case, and issues to the jury had been made and joined upon all the pleadings except the second plea of the defendant, which was, “that the causes of action in the plaintiff’s declaration supposed, or any or either of them, did not accrue to them at any time within six years next before the commencement of this suit.”
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Assumpsit, upon a bill of exchange and an account annexed. There were several pleas, replications and rejoinders filed in the case, and issues to the jury had been made and joined upon all the pleadings except the second plea of the defendant, which was, “that the causes of action in the plaintiff’s declaration supposed, or any or either of them, did not accrue to them at any time within six years next before the commencement of this suit.” To this second plea the plaintiffs replied, “ that by reason of any thing by the defendant in his second plea alleged, they ought not to be barred,” &c.,…
1Opinion of the CourtSargent, J.
The statute of limitations known as the 21st James I., ch. 16, passed in 1623, and which was in fact in amendment .of and in addition to the statute 32 Henry VHI, ch. 2, passed in 1540, has, among others, the following provision, that if any person, being entitled to any such action, &c., shall be, at the time any such cause of action accrued, “beyond the seas,” then such person shall be at liberty to bring such action within such times as are before limited, after his return from beyond the seas. This statute contained no exception applicable to debtors “ beyond seas,” but only in relation…
2Cases cited17 opinions
- In re the case of YatesNew York Supreme Court · 1809
- Ruggles v. KeelerNew York Supreme Court · 1808
- Murray's Lessee v. BakerSupreme Court of the United States · 1818
- In re BrownNew York Supreme Court · 1839
- Hatch v. SpoffordSupreme Court of Connecticut · 1856
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3Cited by6 opinions
- In Re Goldsworthy's EstateNew Mexico Supreme Court · 1941
- Merchants & Planters National Bank of Sherman v. AppleyardSupreme Court of North Carolina · 1953
- Sawyer v. First Judicial District CourtNevada Supreme Court · 1966
- Caseldine v. JohnsonNew Mexico Supreme Court · 1941
- District of Columbia v. FranklinDistrict of Columbia Court of Appeals · 1959
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