Hodgdon v. Chase
Supreme Judicial Court of Maine
Exceptions from the Eastern District Court, Allen J. presiding. Assumpsit on account annexed ; writ dated March 6, 1846. The general issue and statute of limitations were pleaded. Plaintiffs introduced their book of original entries with the supplementary oath; the docket of the Court in which the actions, were entered, judgments rendered, and executions issued. And also the deposition of Oliver Frost, Esq. Writ, pleadings, and deposition may be referred to.
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Exceptions from the Eastern District Court, Allen J. presiding. Assumpsit on account annexed ; writ dated March 6, 1846. The general issue and statute of limitations were pleaded. Plaintiffs introduced their book of original entries with the supplementary oath; the docket of the Court in which the actions, were entered, judgments rendered, and executions issued. And also the deposition of Oliver Frost, Esq. Writ, pleadings, and deposition may be referred to. The Judge instructed the jury, that from the evidence it was apparent that the plaintiff’s claim was barred by the statute, and that…
1Opinion of the Court
The opinion of the Court was delivered, at the same term, orally as follows, by
Wells J.
This is an action of assumpsit on an account. It comes to this Court upon exceptions to the instructions given to the jury by the Judge of the District Court. The jury were instructed that “ if the defendant had agreed with the plaintiffs, for a valuable consideration, to waive any defence he might have had, by virtue of the statute of limitations, or to take no advantage of the same, such an agreement, although not in writing, would preclude the defendants from setting up such defence.”
Chap. 146, <§> 19,…
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