Devine v. Murphy
Massachusetts Supreme Judicial Court
Contract, to recover $525, with interest from October 16, 1880, to the date of the writ, August 17,1894. The answer, among other defences, set up the statute of limitations. Trial in the Superior Court, before Hopkins, J., who directed the jury to return a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion. The case was argued at the bar in October, 1896, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtKnowlton, J.
The evidence tends to show that on October 16, 1880, the defendant owed the plaintiff, who is his sister, $525, and gave a mortgage on his real estate to secure payment of it. He gave the plaintiff no note, and no written evidence of debt other than the mortgage, the condition of which was the payment of this sum, with interest semiannually. The plaintiff testified, and her evidence was not contradicted, that on July 26, 1889, he had not paid' any part of it, and that he came to her house with his wife one night after she and her husband were in bed, and said that he was in trouble and was…
2Cases cited1 opinion
- Cutter v. CochraneMassachusetts Supreme Judicial Court · 1874
3Cited by23 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Topjian v. Boston Casing Co.Massachusetts Supreme Judicial Court · 1934
- Trafton v. CusteauMassachusetts Supreme Judicial Court · 1959
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StarksIndiana Court of Appeals · 1914
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
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