Day v. Mayo
Massachusetts Supreme Judicial Court
. Contract, upon an account annexed, to recover $1,449.49, with interest thereon from June 12, 1884, when it was alleged demand was made for the same. The answer set up the statute of limitations.
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. Contract, upon an account annexed, to recover $1,449.49, with interest thereon from June 12, 1884, when it was alleged demand was made for the same. The answer set up the statute of limitations. Writ dated June 7,1890. The case was submitted to the Superior Court upon the following agreed statement of facts: “ The defendant was indebted to the plaintiffs on March 20, 1884, for merchandise- sold and delivered by the plaintiffs to defendant, in the sum of $5,108.90, less sundry cash payments which the defendant had made on account of said indebtedness. Subsequent to said date, March 20, 1884,…
1Opinion of the CourtAllen, J.
This case was submitted to us by the defendant upon a brief, without oral argument, and the only ground taken in defence is that “ no fact is shown which can be claimed to take the account out of the operation of the' statute of limitations, except the fact that a payment of one hundred dollars has been made on the account within six years; such a payment will not so operate”; citing Parker v. Schwartz, 136 Mass. 30, as an authority in support of the proposition. This argument, however, is founded upon a misapprehension of the scope of that decision; and since the justice of the Superior…
2Cases cited7 opinions
- Flippin v. HaysCourt of Appeals of Kentucky · 1860
- Taylor v. FosterMassachusetts Supreme Judicial Court · 1882
- Whipple v. BlackingtonMassachusetts Supreme Judicial Court · 1867
- Buffinton v. ChaseMassachusetts Supreme Judicial Court · 1890
- Parker v. SchwartzMassachusetts Supreme Judicial Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Howland v. StoweMassachusetts Supreme Judicial Court · 1935
- F. M. Slagle & Co. v. BushnellSouth Dakota Supreme Court · 1944
- City of Boston v. NielsenMassachusetts Supreme Judicial Court · 1940
- Markiewicz v. TotonMassachusetts Supreme Judicial Court · 1935
- Abele v. DietzMassachusetts Supreme Judicial Court · 1942
18 more not listed; retrieve them via the Exa API.