Mattocks v. Chadwick
Supreme Judicial Court of Maine
EXCEPTIONS from superior court, Cumberland county. Assumpsit on the note given below, commenced November 19, 1878, entered at the December term, 1878, and tried by the justice without the intervention of a jury, at the March term, 1879, subject to exceptions in matteis of law. Plea, the general issue, with brief statement that the alleged cause of action did not accrue within six years before the date of plaintiffs writ.
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EXCEPTIONS from superior court, Cumberland county. Assumpsit on the note given below, commenced November 19, 1878, entered at the December term, 1878, and tried by the justice without the intervention of a jury, at the March term, 1879, subject to exceptions in matteis of law. Plea, the general issue, with brief statement that the alleged cause of action did not accrue within six years before the date of plaintiffs writ. (Note.) "$191.42. "Portland, October 25, 1870. Sixty days after date I promise to pay to the order of G. E. Ward, one hundred ninety-one forty-two one hundredths dollars. At…
1Opinion of the CourtWaltoN, J.
When a new promise is relied on to take a debt out of the operation of the statute of limitations, and the new promise is a conditional one, the plaintiff cannot recover unless he proves performance of the condition. Proof of the promise *315only is not sufficient. Thus, a promise to pay "as soon as I can,” (Tanner v. Smart, 6 B. & C. 273; 9 D. & R. 549); or, "when able,” (Davies v. Smith, 4 Esp. 36) ; or, "I shall be most happy to pay you both interest and principal as soon as convenient,” (Edmunds v. Downes, 2 C. & M. 459; 4 Tyr. 173) ; or, "when oí ability,” (Scales v. Wood, 3 Bing. 648; 11…
2Cases cited3 opinions
- Tompkins v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lonsdale v. BrownU.S. Circuit Court for the District of Eastern Pennsylvania · 1818
- Read v. WilkinsonU.S. Circuit Court for the District of Pennsylvania · 1811
3Cited by6 opinions
- Van Buskirk v. KuhnsCalifornia Supreme Court · 1913
- Benton v. BentonSupreme Court of Kansas · 1908
- Boone v. A'HernAppellate Court of Illinois · 1901
- A. Kuhn & Bro. v. MountUtah Supreme Court · 1896
- Koop v. CookOregon Supreme Court · 1913
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