Swan v. Littlefield
Massachusetts Supreme Judicial Court
This was an action commenced on the 19th of August, 1849, to recover the amount of a promissory note, dated July 24th, 1841, payable in six months, and signed by the defendants, to which they pleaded the general issue, and in defence relied on the statute of limitations, and discharges under the insolvent law of the state, and the bankrupt law of the United States.
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This was an action commenced on the 19th of August, 1849, to recover the amount of a promissory note, dated July 24th, 1841, payable in six months, and signed by the defendants, to which they pleaded the general issue, and in defence relied on the statute of limitations, and discharges under the insolvent law of the state, and the bankrupt law of the United States. At the trial, in the court of common pleas, before Hoar, J., the plaintiff admitted the discharges, and that his oause of action accrued more than six years prior to the commencement of the suit; but he alleged, that the discharges…
1Opinion of the Court
By the Court.
The nonsuit in the first action was on the merits. The defendants set up their discharge; and the plaintiff, not being able to encounter successfully the discharge, became nonsuit, which was confirmed by the whole court of common pleas. This action is not within the provision of the Rev. Sts. c. 120, §§ 11 and 12.
Exceptions overruled.
2Cited by6 opinions
- Train v. Boston Disinfecting Co.Massachusetts Supreme Judicial Court · 1887
- Johnson Products, Inc. v. City Council of MedfordMassachusetts Supreme Judicial Court · 1968
- Simon v. LettiereMassachusetts Supreme Judicial Court · 1926
- State v. PeckSupreme Judicial Court of Maine · 1872
- Smith v. MiltonMassachusetts Supreme Judicial Court · 1882
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