Campbell v. Baldwin
Massachusetts Supreme Judicial Court
Contract to recover a balance due the plaintiff for work and materials furnished in painting two houses belonging to the defendant. Writ dated September 14, 1878. The defendant admitted the debt, and filed a declaration in set-off upon a witnessed promissory note, dated October 11, 1870, signed by the plaintiff and his wife, payable in two years from June 9, 1870, to the order of Joseph C. Bates, and secured by a mortgage of real estate containing a power of sale.
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Contract to recover a balance due the plaintiff for work and materials furnished in painting two houses belonging to the defendant. Writ dated September 14, 1878. The defendant admitted the debt, and filed a declaration in set-off upon a witnessed promissory note, dated October 11, 1870, signed by the plaintiff and his wife, payable in two years from June 9, 1870, to the order of Joseph C. Bates, and secured by a mortgage of real estate containing a power of sale. Answer, the statute of limitations. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this…
1Opinion of the CourtMorton, J.
The statute of limitations is a bar to the note declared on in the defendant’s declaration in set-off.
When, as in this case, the defendant relies on a claim by way of set-off to which the statute of limitations is alleged as a defence, the same rules prevail, and the limitation is to be applied in the same manner, as if an action had been commenced on the same demand at the time when the plaintiff’s action was commenced. Gen. Sts. e. 130, § 18.
The cause of action upon the note in question accrued more than six years before the plaintiff’s action was commenced; and the case is not within the…
2Cited by20 opinions
- Arthur & Co. v. BurkeWashington Supreme Court · 1915
- Regan v. WilliamsSupreme Court of Missouri · 1905
- Credit Service Corp. v. BarkerMassachusetts Supreme Judicial Court · 1941
- Holmquist v. GilbertSupreme Court of Colorado · 1907
- Buffinton v. ChaseMassachusetts Supreme Judicial Court · 1890
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