Perkins v. Burbank
Massachusetts Supreme Judicial Court
Case on several promises. Two of the counts were upon twt several promissory notes, and another count was upon a specia contract. The defendant had pleaded, by leave of the Court, three several pleas. The first plea was the general issue. The second was non assumpsit infra sex annos, in bar to the action. The third was causa actionis non accreverunt infra sex annos, also in bar of the action.
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Case on several promises. Two of the counts were upon twt several promissory notes, and another count was upon a specia contract. The defendant had pleaded, by leave of the Court, three several pleas. The first plea was the general issue. The second was non assumpsit infra sex annos, in bar to the action. The third was causa actionis non accreverunt infra sex annos, also in bar of the action. The plaintiff would confess and avoid the bar, by replying that the promissory note declared on in the first count was attested by one subscribing witness, who subscribed h.is name as a witness thereof…
1Opinion of the CourtParsons, C. J.
This question has formerly been settled. A plea bad in part is a bad plea. The defendant has pleaded the statute of limitations in bar of the action, and has not pleaded several pleas of the statute to the several distinct causes of action declared on. The plaintiff could not safely demur, for the bar is substantially and formally pleaded. And he could not regularly •eply in any other manner. Had he proceeded, and to the second *82count traversed the bar, and to another count pleaded some other exception of the statute, his replication would have been double, and bad upon special demurrer;…
2Cases cited3 opinions
- Haynes v. MorganMassachusetts Supreme Judicial Court · 1807
- Bullard v. President of the Nantucket BankMassachusetts Supreme Judicial Court · 1809
- Holbrook v. PrattMassachusetts Supreme Judicial Court · 1804
3Cited by12 opinions
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Pennsylvania Co. v. SloanIllinois Supreme Court · 1888
- Hurley v. CoxNebraska Supreme Court · 1879
- Carpenter v. McClureSupreme Court of Vermont · 1866
- Chapman v. Yellow Poplar Lumber Co.Court of Appeals for the Fourth Circuit · 1906
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