Converse v. Johnson
Massachusetts Supreme Judicial Court
Contract, by the administrator of the estate of Marshall F. Barrett against the administrator with the will annexed of the estate of Mary F. Hart, upon the following promissory note: “ $600. Concord, N. H., December 10, 1867. “Value received, I promise to pay to Marshall F. Barrett, or his order, the sum of six hundred dollars, with interest at the rate of five per cent, payable annually. Mary F. Hart.”
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Contract, by the administrator of the estate of Marshall F. Barrett against the administrator with the will annexed of the estate of Mary F. Hart, upon the following promissory note: “ $600. Concord, N. H., December 10, 1867. “Value received, I promise to pay to Marshall F. Barrett, or his order, the sum of six hundred dollars, with interest at the rate of five per cent, payable annually. Mary F. Hart.” Writ dated June 19, 1886. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on agreed facts, in substance as follows: On the day…
1Opinion of the CourtField, J.
The promissory note was dated December 10, 1867, and was in legal effect payable on demand. The construction we give to the Gen. Sts. c. 155, § 9, (Pub. Sts. c. 197, § 11,) is, that as Mary F. Hart had her domicil and actual residence in Hew Hampshire when she gave the note, and continued to have them there until her death, and only made short, occasional visits in this Commonwealth, our statute of limitations never began to run in her favor. Within the meaning of the statute, she never came into this Commonwealth, but was absent from and resided out of it during the whole time which elapsed…
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