Gill v. Gibson
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $500, dated December 1, 1905. Writ dated April 14, 1915. The answer set up the statute of limitations.
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Contract upon a promissory note for $500, dated December 1, 1905. Writ dated April 14, 1915. The answer set up the statute of limitations. The case was tried before Sisk, J. Evidence as to the defendant's financial condition was as follows: The defendant stated that he was born and always had lived in Gloucester, Massachusetts, and he had been in the garage business there, owning a garage, since-November, 1911. The garage business done by him consisted in part of repairing and of a very little storage. The garage property was subject to mortgages for a greater amount than “ it will bring.”'…
1Opinion of the CourtRugg, C. J.
This is an action upon a promissory note. The defence is the statute of limitations. The plaintiff contends in avoidance of that defence that the evidence showed a sufficient acknowledgment and promise in writing within R. L. c. 202, § 12. Reliance in support of that contention is placed upon two letters of the defendant. The one under date of June 16, 1910, was written to the plaintiff’s wife some time before the expiration of six years from the time of the last payment on the note. Its pertinent words are, “I have received a notice ... in regard to the note of $500. . . . Now this seems…
2Cases cited7 opinions
- Gillingham v. BrownMassachusetts Supreme Judicial Court · 1901
- Custy v. DonlanMassachusetts Supreme Judicial Court · 1893
- Wenz v. WenzMassachusetts Supreme Judicial Court · 1916
- Krebs v. OlmsteadMassachusetts Supreme Judicial Court · 1884
- Weston v. HodgkinsMassachusetts Supreme Judicial Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Barber v. RathvonMassachusetts Supreme Judicial Court · 1925
- Epstein v. SeigelMassachusetts Supreme Judicial Court · 1985
- Doyle v. ZanleoniMassachusetts District Court, Appellate Division · 1944
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- Russell T. Hatch Co. v. JacobsMassachusetts District Court, Appellate Division · 1939