Harding v. Butler
Massachusetts Supreme Judicial Court
Contract against Paul Butler, Henry W. Hunt, and Prentiss Webster, to recover payment for services performed for them jointly. The defendant Hunt pleaded the statute of limitations.
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Contract against Paul Butler, Henry W. Hunt, and Prentiss Webster, to recover payment for services performed for them jointly. The defendant Hunt pleaded the statute of limitations. At the hearing in the Superior Court, before Bishop, J., without a jury, there was evidence tending to show that the defendants Hunt and Webster were acting jointly, in the plaintiffs employment, as partners, and that less than six years before the suing out of the plaintiff’s writ a payment was made by the defendant Webster on account of the debt, without the knowledge of or authority from Hunt. The court found…
1Opinion of the CourtKnowlton, J.
The defendant Hunt contends that the plaintiff’s claim against him is barred by the statute of limitations. On July 8, 1884, less than six years before the suing out of the plaintiff’s writ, a payment was made by the defendant Webster on account of the debt, and “ there was evidence tending to show that the defendants Hunt and Webster were acting jointly in the matter of the plaintiff’s employment and service as partners throughout.”
The only question presented by the bill of exceptions is whether a part payment of a debt by a partner, without special authority, takes it out of the statute of…
2Cases cited1 opinion
- Buxton v. EdwardsMassachusetts Supreme Judicial Court · 1883
3Cited by2 opinions
- Reinig v. NelsonWisconsin Supreme Court · 1929
- Vermont-Peoples National Bank v. ParkerMassachusetts Supreme Judicial Court · 1929