Colby v. Everett
Superior Court of New Hampshire
Assumpsit, for money had and received, upon an account annexed, and upon sundry promissory notes. In the seventh count the plaintiff declared upon a promissory note, dated August 31, 1822, for 0100, payable to one Richard Everett, or order, by the 15th of March, 1830, and by him indorsed to the plaintiff. The defendant pleaded the statute of limitations, to all the counts.
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Assumpsit, for money had and received, upon an account annexed, and upon sundry promissory notes. In the seventh count the plaintiff declared upon a promissory note, dated August 31, 1822, for 0100, payable to one Richard Everett, or order, by the 15th of March, 1830, and by him indorsed to the plaintiff. The defendant pleaded the statute of limitations, to all the counts. The plaintiff replied that the causes of action, in the six first counts mentioned, did accrue within six years next preceding the commencement of the suit ; and as to the seventh, that the defendant, on the 31st of March,…
1Opinion of the Court
Parker, C. I.
The defendant’s plea is sufficient in form as well as in substance. Although there are several counts in the declaration, it is not necessary to file a several plea to each count. If the same matter is relied upon as a defence to all the counts, one plea, pleaded to all the counts, is sufficient. It is to be taken distributively, as if it was a plea to each. 1 Chilly's Pl. 533, 551; 2 Ditto 643; 1 Salk. 223, Howard vs. Jennison; 1 D. & E. 40, Truman vs. Hirst.
The plaintiff’s replication is good in substance. It was a sufficient answer, as to the first six counts, to traverse the…
2Cases cited1 opinion
- Elliot v. SleeperSuperior Court of New Hampshire · 1823
3Cited by1 opinion
- Webb v. StoneSuperior Court of New Hampshire · 1851