J. Cushing Co. v. Brooklyn Trust Co.
Massachusetts Supreme Judicial Court
Contract, against the Brooklyn Trust Company, a corporation doing business in Brooklyn in the State of New York, and Isaac H. Cary, also of Brooklyn, executors of the will of Alice B. Cary, late of Lexington, upon an account annexed for a balance of $575.34, alleged to be due for hay, straw and feed furnished to the defendants’ testatrix between May 2 and July 25, 1917, and for $55.80 interest.
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Contract, against the Brooklyn Trust Company, a corporation doing business in Brooklyn in the State of New York, and Isaac H. Cary, also of Brooklyn, executors of the will of Alice B. Cary, late of Lexington, upon an account annexed for a balance of $575.34, alleged to be due for hay, straw and feed furnished to the defendants’ testatrix between May 2 and July 25, 1917, and for $55.80 interest. Writ dated May 23, 1919. The answer set up the special statute of limitations, R. L. c. 141, § 9, St. 1914, c. 699, § 3. In the Superior Court the action was tried before Chase, J. Material facts are…
1Opinion of the CourtDe Courcy, J.
A jury has found that Alice B. Cary, the testatrix, owed the plaintiff the sum declared on, and that the debt was unpaid. The only question raised by the report is, whether recovery is barred by the special statute of limitations. R. L. c. 141, § 9, as amended by St. 1914, c. 699, § 3. The material facts and dates are as follows:
Alice B. Cary died in Lexington on January 11, 1918. The defendants, residents of New York, and Charles M. Hemenway, of Somerville, Massachusetts, were appointed and qualified as exec*173utors on February 25,' 1918; and the defendants appointed Hemenway their resident…
2Cases cited4 opinions
- International Paper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1919
- Bremer v. WilliamsMassachusetts Supreme Judicial Court · 1911
- Converse v. JohnsonMassachusetts Supreme Judicial Court · 1888
- Eddy v. AdamsMassachusetts Supreme Judicial Court · 1888
3Cited by7 opinions
- Rosenblatt v. FoleyMassachusetts Supreme Judicial Court · 1925
- Parker v. RichMassachusetts Supreme Judicial Court · 1937
- Westminster National Bank v. GrausteinMassachusetts Supreme Judicial Court · 1930
- Myers v. WarrenMassachusetts Supreme Judicial Court · 1931
- Gallop v. Commercial Painting Co.Connecticut Superior Court · 1992
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