White v. Bailey
Massachusetts Supreme Judicial Court
Case upon a promissory note dated October 5th, A. D. 1 '85, and payable to the plaintiff’s intestate in two months from the date. The defendant pleads, 1st. Non assumpsit, which is joined. 2. Causa actionis non accredit infra sex annos. The plaintiff replies that when the action accrued, the defendant was out of the commonwealth, and so continued from that time to the purchase of the writ in this action, leaving no property which could be attached.
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Case upon a promissory note dated October 5th, A. D. 1 '85, and payable to the plaintiff’s intestate in two months from the date. The defendant pleads, 1st. Non assumpsit, which is joined. 2. Causa actionis non accredit infra sex annos. The plaintiff replies that when the action accrued, the defendant was out of the commonwealth, and so continued from that time to the purchase of the writ in this action, leaving no property which could be attached. The defendant rejoins, that after the action accrued, and more than six years before its commencement, he returned into the comn on-wealth. Upon…
1Opinion of the Court
Curia.
This proviso must have a construction consonant to the manifest intent of the legislature. When the creditor’s cause of action accrued, if he could not then sue with any prospect of benefit, because his debtor was without the jurisdiction of the state, having no property within it, the statute should not then begin to run ; for the creditor could not then take the body as a pledge, or seize the property as a security. But as soon as the creditor could have a beneficial remedy by suit, either by attaching the body or effects of his debtor, then the statute should begin to run. The…
2Cited by19 opinions
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1828
- Campbell v. WhiteMichigan Supreme Court · 1871
- Cole v. . JessupNew York Court of Appeals · 1854
- Fowler v. HuntNew York Supreme Court · 1813
- Randall v. WilkinsNew York Supreme Court · 1847
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