Custy v. Donlan
Massachusetts Supreme Judicial Court
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
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