Nichols v. Vaughan
Massachusetts Supreme Judicial Court
Two actions of contbact by different plaintiffs against the executor of the will of Charles G. Lundell, late of Boston. Writs dated May 3, 1910. In each case the defendant in a substituted answer alleged that the causes of action set out in the plaintiff’s writ and declaration did not accrue within six years before the suing out of the plaintiff’s writ or within the time when the plaintiffs’ testator in the first case or the plaintiff in the second case might by law bring…
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Two actions of contbact by different plaintiffs against the executor of the will of Charles G. Lundell, late of Boston. Writs dated May 3, 1910. In each case the defendant in a substituted answer alleged that the causes of action set out in the plaintiff’s writ and declaration did not accrue within six years before the suing out of the plaintiff’s writ or within the time when the plaintiffs’ testator in the first case or the plaintiff in the second case might by law bring the action. In the Superior Court the cases were heard by Quinn, J., without a jury. The facts as found by him are stated…
1Opinion of the CourtRugg, C. J.
The question presented by these cases is whether the statute of limitations has run in favor of the defendant’s testator. All the causes of action accrued, at least as early as August, 1886. For many years before this time and confessedly up to August, 1889, the testator was domiciled in Boston. He left there with his wife in August, 1889, having shortly before that date retired from business. He gave up his apartment in Boston and stored his furniture before August, 1889, and thereafter was absent from the Commonwealth continuously until June, 1906, travelling most of the time until 1896,…
2Cases cited16 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Harkness v. HydeSupreme Court of the United States · 1879
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3Cited by27 opinions
- Dolan v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Ford v. RogovinMassachusetts Supreme Judicial Court · 1935
- Commonwealth v. MillerMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. ColturiMassachusetts Supreme Judicial Court · 2007
- Commonwealth v. DunneMassachusetts Supreme Judicial Court · 1985
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