Legal Opinion

Custy v. Donlan

Massachusetts Supreme Judicial Court

Decided May 22, 1893PublishedCited by 21 opinions

Contract, upon an account annexed, to recover the sum of $700, money lent by the plaintiff to Joseph H. Gusty, the defendant’s testator, at different times between September 15, 1869, and March 17, 1888. Writ dated November 17, 1891. The answer contained a general denial, and also set up the statute of limitations.

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Contract, upon an account annexed, to recover the sum of $700, money lent by the plaintiff to Joseph H. Gusty, the defendant’s testator, at different times between September 15, 1869, and March 17, 1888. Writ dated November 17, 1891. The answer contained a general denial, and also set up the statute of limitations. Trial in the Superior Court, before JBraley, J., who ruled that there was sufficient evidence to take the first three items of the account, amounting to $500, out of the statute of ■ limitations; directed the jury to return a verdict for the plaintiff for $700; and, at the request…

1Opinion of the CourtLathrop, J.

The only question in this case is as to the correctness of the ruling of the justice who tried the case in the Superior Court, that there was sufficient evidence to take the first three items of the account out of the statute of limitations. Pub. Sts. c. 197, § 1. In considering this question we shall lay aside the oral evidence of a promise to pay, which, under the Pub. Sts. c 197, § 15, was not admissible. Sumner v. Sumner, 1 Met. 394, 396. Chace v. Trafford, 116 Mass. 529. There remains the writing signed by the defendant, and delivered to the plaintiff on the day of its date, together…

2Cases cited5 opinions

  1. Chace v. TraffordMassachusetts Supreme Judicial Court · 1875
  2. Walsh v. MayerSupreme Court of the United States · 1884
  3. Lexington & Danville Railroad v. BarbeeCourt of Appeals of Kentucky · 1858
  4. Flippin v. HaysCourt of Appeals of Kentucky · 1860
  5. Krebs v. OlmsteadMassachusetts Supreme Judicial Court · 1884

3Cited by21 opinions

  1. Ennis v. Pullman Palace Car Co.Illinois Supreme Court · 1896
  2. Gillingham v. BrownMassachusetts Supreme Judicial Court · 1901
  3. Smith v. WalcottNew Mexico Supreme Court · 1973
  4. Federal National Bank v. KoppelMassachusetts Supreme Judicial Court · 1925
  5. Mechanics' & Farmers' Savings Bank v. KatterjohnCourt of Appeals of Kentucky · 1910

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