Royce v. Hurd
Supreme Court of Vermont
Assumpsit on a promissory note, alledged to have been executed by the defendant on the 31st day of August, A. D. 1832, for eighty-four dollars and forty cents, payable to Benjamin Moses, or order, in one day from date, with interest, and by him indorsed to the plaintiff. Pleas: 1. Non assumpsit. 2. The statute of limitations. Replication and rejoinder, and trial by jury.
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Assumpsit on a promissory note, alledged to have been executed by the defendant on the 31st day of August, A. D. 1832, for eighty-four dollars and forty cents, payable to Benjamin Moses, or order, in one day from date, with interest, and by him indorsed to the plaintiff. Pleas: 1. Non assumpsit. 2. The statute of limitations. Replication and rejoinder, and trial by jury. The plaintiff, in answer to the defendant’s first plea, having first proved the loss of the note pending the suit, introduced evidence tending to prove the execution of the same by the defendant, and the indorsement thereof…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
In regard to the statute of limitations, this case arose under the act of 1797, but not being barred before the passage of the act of 1832, is, in terms, controlled by that statute,, after it took effect. The terms of the statute are, “ against whom there “ is or may be any cause of actionthus, ex vi termini, including all subsisting causes of action, at the time the act took effect.
The construction of this statute seems pretty well settled by the decisions had under it, so far as this case is concerned. The property, which it is necessary…
2Cases cited3 opinions
- Hill v. BellowsSupreme Court of Vermont · 1843
- Wheeler v. BrewerSupreme Court of Vermont · 1848
- Strong v. WoosterSupreme Court of Vermont · 1834
3Cited by4 opinions
- Jones v. O'ConnellSupreme Court of Colorado · 1930
- Oberreich v. Fond du Lac CountyWisconsin Supreme Court · 1885
- Russ v. FaySupreme Court of Vermont · 1857
- Munroe v. PotterSupreme Court of Vermont · 1893