Sherwood v. Sutton
U.S. Circuit Court for the District of New Hampshire
‘[This was an action of trespass on' the case by Richard Sherwood against Richard Sutton for fraud and deceit in the sale of a vessel. “There was a verdict in favpr of plaintiff for $4.364.50. Case No. 12,781. ' The cause is now heard upon a motion in arrest of judgment.]
1Opinion of the Court
STORY, Circuit Justice.
Upon the posture of this case, the single question now presented for the consideration of the court is, whether the replication to the plea of the statute of limitations is, in point of law, (the issue upon it having been found in favour.of the plaintiff,) a sufficient avoidance of the plea, so as to entitle the plaintiff to judgment upon the verdict.
The statute of limitations of New Hampshire, of 16th June, 1791, (N. H. Laws, p. 164,) is, in substance, a transcript of the statute of '21 Jae. I. c. 16, so far as it respects personal actions of this nature; and it…
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