McKown v. Whitmore
Supreme Judicial Court of Maine
Assumpsit on the money counts. The statute of limitations was pleaded, to which the plaintiff replied that the defendant fraudulently concealed the cause of action. The case was submitted to the decision of the court, upon the evidence as reported by Wells, J., before whom the trial was had.
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Assumpsit on the money counts. The statute of limitations was pleaded, to which the plaintiff replied that the defendant fraudulently concealed the cause of action. The case was submitted to the decision of the court, upon the evidence as reported by Wells, J., before whom the trial was had. It appears by the report that the evidence tended to prove the following facts, viz: — On the 12th of November, 1842, the plaintiff drew his check of $294. upon the Franklin Bank, and loaned it to the defendant upon his promise to repay, by depositing the amount in the bank to the credit of the plaintiff;…
1Opinion of the CourtHoward, J.
The statute of limitations furnishes a bar to this action for the defendant, unless he has lost its protection by a fraudulent concealment of the cause of action, from the knowledge of the plaintiff, until within six years prior to the commencemept of the suit. R. S. c. 146, § 1, 18.
It appears that the defendant received the plaintiff’s check •on the Franklin Bank, for $294, on November 12, 1842, and that he received the money on the check from the bank, on November 16, 1842, under an agreement to deposit the amount of the check in the bank, to the credit of the plaintiff “ in a few days…
2Cited by5 opinions
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