Bailey v. Crane
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note, dated February 14,1829, by which the defendant promised the plaintiffs to pay them or their order $ 584-72 in six months. Trial before Putnam J. The defence was the statute of limitations, the action having been commenced on the 14th of June, 1836. To take the case out of the statute, the plaintiffs relied on a letter from the defendant to one of the plaintiffs, as follows : “Brookline, July 14th, 1831. Mr. J. Bailey.
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Assumpsit on a promissory note, dated February 14,1829, by which the defendant promised the plaintiffs to pay them or their order $ 584-72 in six months. Trial before Putnam J. The defence was the statute of limitations, the action having been commenced on the 14th of June, 1836. To take the case out of the statute, the plaintiffs relied on a letter from the defendant to one of the plaintiffs, as follows : “Brookline, July 14th, 1831. Mr. J. Bailey. Dear Sir, I received your note yesterday. I hasten to inform you that next week I shall be able to send in to Mr. Charles Thacher, India Wharf,…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. The doctrine laid down in the case of Bangs v. Hall, 2 Pick. 368, was well considered, has since been tested by experience, and is undoubtedly sound and wise. It has been everywhere acknowledged as sound law. Whitney v. Bigelow, 4 Pick. 110 ; Sigourney v. Drury, 14 Pick. 390 ; Perley v. Little, 3 Greenl. 97 ; Deshon v. Eaton, 4 Greenl. 413 ; Hancock v. Bliss, 7 Wendell, 267 ; Wetzell v. Bussard, 11 Wheat. 309 ; Bell v. Morrison, 1 Peters’s Sup. C. Rep. 351.
The principles there laid down are, that to take a debt out of the statute of limitations,…
2Cases cited2 opinions
- Wetzell v. BussardSupreme Court of the United States · 1826
- Hancock v. BlissNew York Supreme Court · 1831
3Cited by2 opinions
- Zinn v. StammAppellate Division of the Supreme Court of the State of New York · 1912
- Davenport v. ComstockAppellate Division of the Supreme Court of the State of New York · 1898