Vans v. Higginson
Massachusetts Supreme Judicial Court
This was an action of the case upon a promissory note made to the plaintiff by the defendant. The declaration also contained the common money counts. The defendant pleads in bar, “ that the cause or causes of action in the said counts supposed did not, at any time within six years next before the commencement of the said action, accrue to the plaintiff. And this he is ready,” &c.
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This was an action of the case upon a promissory note made to the plaintiff by the defendant. The declaration also contained the common money counts. The defendant pleads in bar, “ that the cause or causes of action in the said counts supposed did not, at any time within six years next before the commencement of the said action, accrue to the plaintiff. And this he is ready,” &c. The plaintiff replies, that he ought not to be barred, &c., because he says, “ that at the time of making the several promises in the declaration mentioned, the plaintiff and the defendant were in parts beyond sea,…
1Opinion of the Court
Curia.
The object of the replication in this case is to make an exception, which the statute of limitations has not * made, and which we therefore cannot support. When [ * 31 ] the defendant came within the state, the six years began to run, as it respected him; and when the plaintiff returned, the six years began as to him. The replication is adjudged bad and insufficient, (a)
Costs for the defendant.
ADDITIONAL NOTE.
[See Nathans vs. Bingham, 1 Miles, 164. — Reid vs. Geoghehan, Ibid. 204. — Green vs. Johnson, 3 Gill & J. 389. — Frey vs. Kirk, 4 Ibid. 509. — Paterson, &c., vs. Ludlow, 6 Halst.…
2Cases cited2 opinions
- Dwight v. ClarkMassachusetts Supreme Judicial Court · 1811
- Hall v. LittleMassachusetts Supreme Judicial Court · 1817
3Cited by5 opinions
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