Rockwood v. Whiting
Massachusetts Supreme Judicial Court
Contract upon the following promissory note signed by the defendant: “ Wilton, December 15, 1851. For value received I promise to pay William Rockwood or order two hundred dollars on demand after the first day of May, 1853, with interest from May first, 1852. ” Writ dated April 1, 1873. The answer set up the statute of limitations.
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Contract upon the following promissory note signed by the defendant: “ Wilton, December 15, 1851. For value received I promise to pay William Rockwood or order two hundred dollars on demand after the first day of May, 1853, with interest from May first, 1852. ” Writ dated April 1, 1873. The answer set up the statute of limitations. The case was submitted to the Superior Court, and to this court on appeal, upon an agreed statement of facts in substance as follows: The plaintiff lived in Temple from the giving of the note until 1852 ; in Amherst from 1852 until 1856, and in Merrimack from 1856…
1Opinion of the CourtGray, C. J.
By the well settled construction of the Gen. Sts. c. 155, § 9, and of the statute of New York from which it was taken, a person who has a domicil and actual residence in another state, and only comes into this state occasionally, or even for a few hours daily, is “ absent from and resides out of the state,” and the statute of limitations does not run in his favor. Milton v. Babson, 6 Allen, 322. Burroughs v. Bloomer, 5 Denio, 532.
In Turner v. Shearer, 6 Gray, 427, the defendant was in this state, though in • prison during the whole time in question, and there was no evidence that he had ever…
2Cases cited1 opinion
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