Foster v. Tucker
Supreme Judicial Court of Maine
This was an action of assumpsit for goods sold, and for money bad and received; to which the defendants pleaded the general issue, and the statute of limitations ; and the plaintiff replied, alleging a new promise within six years.
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This was an action of assumpsit for goods sold, and for money bad and received; to which the defendants pleaded the general issue, and the statute of limitations ; and the plaintiff replied, alleging a new promise within six years. At the trial, the plaintiff proved that sometime since, the defendants were charged by him with having stolen his goods ; were examined by a magistrates and ordered to recognize for their appearance at this Court for trial ; and that after having so recognized, the defendant Tucker asked the plaintiff what he should give him to settle the business; saying he could…
1Opinion of the Court
Weston J.
delivered the opinion of the Court.
This is an action of assumpsit for goods sold and delivered. The defendants plead, first, the general issue, which the plaintiff joins; secondly, the statute of limitations. To the second plea, the plaintiff replies a new promise within six years, upon which issue is also joined. The case made by the plaintiff is, that in Jlpril 1809, the goods in question, being his property, were stolen by the defendants ; and a new promise by each is attempted to be proved by certain declarations and admissions on their part. Upon the question, whether these…
2Cited by1 opinion
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