Buffinton v. Chase
Massachusetts Supreme Judicial Court
Contract to recover a balance alleged to be due on an account between the parties. The answer set up the statute of limitations. Writ dated May 23, 1889. Trial in this court, without a jury, before C. Allen, J., who reported the case for the consideration of the full court, in substance as follows. There was evidence tending to show the following facts.
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Contract to recover a balance alleged to be due on an account between the parties. The answer set up the statute of limitations. Writ dated May 23, 1889. Trial in this court, without a jury, before C. Allen, J., who reported the case for the consideration of the full court, in substance as follows. There was evidence tending to show the following facts. On November 7, 1881, the defendant owed the plaintiffs on account a sum which with interest amounted to |1,810. Samuel D. How-land was indebted to the defendant, and on that day, at the request of tbe plaintiff Buffinton, the defendant gave to…
1Opinion of the Court
Devens, J,
The question which the case presents is, whether the receipt of certain notes, which the plaintiffs credited on the account of the defendant, are to be treated as a part payment *537made by him on that date, from which a promise to pay the balance of the debt due may be implied, or whether the claim of the plaintiffs is barred by the statute of limitations. The defendant, on November 1, 1881, owed the plaintiffs a balance on account, which with interest amounted to $1,810, and gave the plaintiffs an order on one Howland for this sum, or any less sum due to him from Howland then in…
2Cases cited6 opinions
- Harper v. . FairleyNew York Court of Appeals · 1873
- Smith v. . RyanNew York Court of Appeals · 1876
- Hancock v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1873
- Campbell v. BaldwinMassachusetts Supreme Judicial Court · 1881
- Whipple v. BlackingtonMassachusetts Supreme Judicial Court · 1867
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3Cited by13 opinions
- Abele v. DietzMassachusetts Supreme Judicial Court · 1942
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- Day v. MayoMassachusetts Supreme Judicial Court · 1891
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- Provident Institution for Savings v. MerrillMassachusetts Supreme Judicial Court · 1942
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