Clark v. Slayton
Supreme Court of New Hampshire
Bill in Equity, to recover money verbally promised in support of a base-ball club. The defendant in bis answer alleges that there is no equity in the bill, that the plaintiff has an adequate remedy at law, and sets up the statute of limitations. In 1877 the plaintiff was the manager of a base-ball club in Manchester. He, the defendant, and three others, verbally agreed to pay each one sixth part of the excess of the expenses over the receipts of the club.
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Bill in Equity, to recover money verbally promised in support of a base-ball club. The defendant in bis answer alleges that there is no equity in the bill, that the plaintiff has an adequate remedy at law, and sets up the statute of limitations. In 1877 the plaintiff was the manager of a base-ball club in Manchester. He, the defendant, and three others, verbally agreed to pay each one sixth part of the excess of the expenses over the receipts of the club. The plaintiff, as manager, advanced the expenses, and at the end of the season, in the fall of 1877, demanded payment of the defendant of…
1Opinion of the CourtCarpenter, J.
An action at law is in general regarded as commenced, so as to avoid the statute of limitations, when the writ is completed with the purpose of making immediate service. But when there is no intention to have it served, or it cannot be served until some further act is done, the action is not deemed to be commenced until such act is performed. Robinson v. Burleigh, 5 N. H. 225; Graves v. Ticknor, 6 N. H. 537 ; Hardy v. Corlis, 21 N. H. 356 ; Mason v. Cheney, 47 N. H. 24; Brewster v. Brewster, 52 N. H. 60. The same rule is applicable to suits in equity. Leach v. Noyes, 45 N. H. 364. A bill in…
2Cited by8 opinions
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- In re ClyneSupreme Court of Kansas · 1893
- Hodgdon v. Beatrice D. Weeks Memorial HospitalSupreme Court of New Hampshire · 1982
- Desaulnier v. Manchester School DistrictSupreme Court of New Hampshire · 1995
- In re P.R.G.Court of Appeals of Kansas · 2010
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