Whipple v. Blackington
Massachusetts Supreme Judicial Court
Contract for the balance of an account annexed. Writ dated February 26,1867. The account contained numerous items of debit and credit, all more than six years before the date of the writ, except the last, which was of credit of twenty-six dollars and fourteen cents cash, on March 8,1861. Answer, the statute of limitations.
Read the full summary
Contract for the balance of an account annexed. Writ dated February 26,1867. The account contained numerous items of debit and credit, all more than six years before the date of the writ, except the last, which was of credit of twenty-six dollars and fourteen cents cash, on March 8,1861. Answer, the statute of limitations. At the trial in the superior court, Morton, J., ruled that the plaintiffs’ claim was not taken out of the statute by the evidence concerning this item, which is stated in the opinion. A verdict was found for the defendant; and the plaintiffs alleged exceptions,
1Opinion of the CourtHoar, J.
Whatever may be the law in England, we are satisfied that by the law as settled in this Commonwealth the evidence offered by the plaintiffs was sufficient to take the case out of the statute of limitations.
The action was to recover the balance of a mutual account, and the statute begins to run against it at the date of the last item proved on either side* Gen. Sts. c. 155, § 5. Rev. Sts. c 120, § 5. Penniman v. Rotch, 3 Met. 216. There is not any similar English statute that we are aware of; and the English cases *477cited for the defendant are for the most part merely upon the effect of a…
2Cases cited1 opinion
- Flippin v. HaysCourt of Appeals of Kentucky · 1860
3Cited by15 opinions
- Smith v. . RyanNew York Court of Appeals · 1876
- Hancock v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1873
- Day v. MayoMassachusetts Supreme Judicial Court · 1891
- Blanchard v. BlanchardMassachusetts Supreme Judicial Court · 1877
- Buffinton v. ChaseMassachusetts Supreme Judicial Court · 1890
10 more not listed; retrieve them via the Exa API.