Gage v. Dudley
Supreme Court of New Hampshire
Assumpsit. Writ dated May 12, 1882. Plea, the statute of limitations. Facts found by a referee. The plaintiff’s specification was for items of account from 1869 to the date of the writ. The defendant’s set-off was for items of account from 1871 to 1879. Ho accounting or settlement was ever had by the parties after a settlement in 1871; and there was no special application of any item by either side in payment of any item or items on the other side.
Read the full summary
Assumpsit. Writ dated May 12, 1882. Plea, the statute of limitations. Facts found by a referee. The plaintiff’s specification was for items of account from 1869 to the date of the writ. The defendant’s set-off was for items of account from 1871 to 1879. Ho accounting or settlement was ever had by the parties after a settlement in 1871; and there was no special application of any item by either side in payment of any item or items on the other side. JBoth parties testified that it was their understanding that any funds in their hands at the end of each year were to be applied on the balance of…
1Opinion of the CourtBingham, J.
In assumpsit, if the defendant pleads a set-off, the plaintiff may reply the statute of limitations. Wood Lim. Act., s. 281; Rollins v. Horn, 44 N. H. 591; Alsop v. Nichols, 9 Conn. 358. It is not certain that the plaintiff would be required to reply the statute, as it is held in some jurisdictions that when the debt on its face appeal's to be barred, it cannot be used as a set-off without evidence to take it out of the statute. Wood Lim. Act., s. 601, note. However this may be under the present liberal practice, the replication, though not in time, was properly allowed.
It appears that the…
2Cases cited4 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Chace v. TraffordMassachusetts Supreme Judicial Court · 1875
- Inhabitants of Belchertown v. BridgmanMassachusetts Supreme Judicial Court · 1875
- Darling v. HubbellSupreme Court of Connecticut · 1832
3Cited by2 opinions
- Conway Savings Bank v. DowSupreme Court of New Hampshire · 1897
- Barker v. HeathSupreme Court of New Hampshire · 1907