Hatch v. Spofford
Supreme Court of Connecticut
The declaration, in the above entitled action, alleged that the defendant was the bailiff and partner of the plaintiff, from March 22d, 1819, to November 1, 1852. The defendant having filed a plea in abatement of the plaintiff’s writ, that plea was, by the superior court, in accordance with the advice of this court, (see 22 Conn. R., 486,) adjudged to be insufficient.
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The declaration, in the above entitled action, alleged that the defendant was the bailiff and partner of the plaintiff, from March 22d, 1819, to November 1, 1852. The defendant having filed a plea in abatement of the plaintiff’s writ, that plea was, by the superior court, in accordance with the advice of this court, (see 22 Conn. R., 486,) adjudged to be insufficient. The defendant thereupon pleaded in bar several pleas, the fifth of which was the statute of limitations, and alleged that there was no open, or current account, between the plaintiff and defendant, within six years next before…
1Opinion of the CourtEllsworth, J.
The important question, presented on this record is this; is the time of a debtor’s absence from the state to be rejected, in the computation of the six years, the period of the statute of limitations, where the cause of action originated abroad, and neither party was an inhabitant, or resident of this state 1
Statutes of limitation, though originating in a truly wise and just administration of the law, are mostly in their exact provisions or exceptions, of a technical and arbitrary character, and are therefore to be construed and applied, according to the exact and specific language of the…
2Cases cited4 opinions
- Ruggles v. KeelerNew York Supreme Court · 1808
- Dwight v. ClarkMassachusetts Supreme Judicial Court · 1811
- The Bank of Alexandria, in Error v. Edward and Francis Dyer, in ErrorSupreme Court of the United States · 1840
- Graves v. WeeksSupreme Court of Vermont · 1847
3Cited by14 opinions
- Fine v. WenckeSupreme Court of Connecticut · 1933
- Meyers v. Credit LyonnaisNew York Court of Appeals · 1932
- Anderson v. City of BridgeportSupreme Court of Connecticut · 1947
- Cvecich v. GiardinoCalifornia Court of Appeal · 1940
- Frisbie v. MorrisSupreme Court of Connecticut · 1903
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