Inhabitants of Belchertown v. Bridgman
Massachusetts Supreme Judicial Court
Contract for money had and received by the defendant in his official capacity as treasurer of the plaintiff town. Writ dated January 30, 1873. Answer, a general denial. The defendant also filed a declaration in set-off, to which the plaintiff, among other defences, pleaded the statute of limitations.
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Contract for money had and received by the defendant in his official capacity as treasurer of the plaintiff town. Writ dated January 30, 1873. Answer, a general denial. The defendant also filed a declaration in set-off, to which the plaintiff, among other defences, pleaded the statute of limitations. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions in substance as follows : The defendant was treasurer of the plaintiff town from 1857 to March, 1871, continuously, and at the end of his last term of office there was in his hands a balance due the town upon his…
1Opinion of the CourtWells, J.
We are of opinion that the ruling, asked for by the plaintiff, upon the statute of limitations, was a correct statement of the law in that respect; and that the instruction “ that the statute of limitations was not applicable to this action,” was erroneous.
An “ account stated ” has always been held to bring a merchant’s account, as well as a “ mutual and open account current,” within the operation of the statute of limitations; or rather, to take it out of the exception; so that all claim on account of previous items of the account will be barred in six years thereafter, although the balance…
2Cases cited4 opinions
- Toland v. SpragueSupreme Court of the United States · 1838
- Chace v. TraffordMassachusetts Supreme Judicial Court · 1875
- Inhabitants of Rochester v. RandallMassachusetts Supreme Judicial Court · 1870
- Railroad National Bank v. City of LowellMassachusetts Supreme Judicial Court · 1872
3Cited by7 opinions
- Porter v. Chicago, Iowa & Dakota Railway Co.Supreme Court of Iowa · 1896
- Harding v. CovellMassachusetts Supreme Judicial Court · 1914
- Estes v. Hamilton-Brown Shoe Co.Missouri Court of Appeals · 1893
- Brown & Manzanares Co. v. GiseNew Mexico Supreme Court · 1907
- Gage v. DudleySupreme Court of New Hampshire · 1886
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