Legal Opinion

Woart v. Winnick

Superior Court of New Hampshire

Decided September 15, 1826PublishedCited by 55 opinions

Assumpsit upon a note for £118 50, dated October 11, 1817, made by the defendant, and payable in six months to the plaintiff, with interest. The action was commenced on the 12th April, 1825, and was entered here at September term in the same year ; when the defendant pleaded in bar, that the cause of action did not accrue within six years next before the commencement of the action. To this plea there- . was a genera] demurrer and joinder in demurrer.

1Opinion of the Court

Richardson, G. J.

delivered the opinion of the court.

The statute of June.30, 1825, entitled “ an act for the “ limitation of actions and preventing vexatious suits,” is, by its express terms, applicable only to actions commenced after its enactment ; and the last section of that act repeals all the statutes, which were previously iu force, for the limitation of personal actions. If, therefore, the repealing clause of that statute can take effect with respect to actions which were pending on the 30th June, 1825, there is now no statute of limitations which can be held to be a bar to such…

2Cases cited7 opinions

  1. Society for the Propagation of the Gospel v. WheelerU.S. Circuit Court for the District of New Hampshire · 1814
  2. Dash v. Van KleeckNew York Supreme Court · 1811
  3. Holden v. JamesMassachusetts Supreme Judicial Court · 1814
  4. Merrill v. SherburneSuperior Court of New Hampshire · 1818
  5. Inhabitants of Medford v. LearnedMassachusetts Supreme Judicial Court · 1819

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3Cited by55 opinions

  1. State v. HoneycuttSupreme Court of Missouri · 2013
  2. United States v. Ottati & Goss, Inc.District Court, D. New Hampshire · 1985
  3. State v. BreestSupreme Court of New Hampshire · 1976
  4. Gould v. Concord HospitalSupreme Court of New Hampshire · 1985
  5. Opinion of the JusticesSupreme Court of New Hampshire · 1992

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