Cole v. McGlathry
Supreme Judicial Court of Maine
This case was assumpsit for goods sold, and was tried before Whitman C. J. in the court below, upon the plea of the statute of limitations, to which the plaintiff replied by alleging fraud in the defendant.
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This case was assumpsit for goods sold, and was tried before Whitman C. J. in the court below, upon the plea of the statute of limitations, to which the plaintiff replied by alleging fraud in the defendant. The plaintiff proved that in the year 1812, he delivered the defendant goods to the value of a hundred dollars, which the defendant promised to pay to certain persons who held notes to a larger amount against the plaintiff, which he had given for his farm; that in 1828, their agent asked the plaintiff why he did not pay for his land ; and on computing the sum due, the plaintiff was…
1Opinion of the Court
Weston J.
delivered the opinion of the Court.
The cause of action in this case, accrued more than six years prior to its commencement. The defendant relies upon the statute of limitations. No admission of indebtedness, or promise on his part to pay within six years, is proved. The plaintiff insists that by reason of the fraud of the defendant, the statute does not attach. The fraud set up, consists in a violation of his engagement, which might with equal reason be relied upon in all cases. Had not the plaintiff slumbered upon his rights, and confided in the defendant, beyond the bounds of…
2Cited by16 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Shelby County v. BraggSupreme Court of Missouri · 1896
- Choroszy v. TsoSupreme Judicial Court of Maine · 1994
- McKneely v. TerrySupreme Court of Arkansas · 1896
- Boyd v. BeebeWest Virginia Supreme Court · 1908
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