Hall v. Thayer
Massachusetts Supreme Judicial Court
Assumpsit on the money counts, and on an agreement, (hereinafter set forth,) dated October 1st 1828. The action was commenced in 1841. At the trial in the court of common pleas, before Colby, J. September term 1845, the plaintiff gave in evidence the report of an auditor, who had been appointed, at a former term, to hear the parties, examine their vouchers and evidence, &c.
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Assumpsit on the money counts, and on an agreement, (hereinafter set forth,) dated October 1st 1828. The action was commenced in 1841. At the trial in the court of common pleas, before Colby, J. September term 1845, the plaintiff gave in evidence the report of an auditor, who had been appointed, at a former term, to hear the parties, examine their vouchers and evidence, &c. This report stated that on the 1st of October 1828, the following paper was signed by the defendant, by each of the plaintiffs, and by sundry other persons : “ Whereas it is contemplated by us, the subscribers, to build a…
1Opinion of the CourtDewey, J.
1. The first question I propose to consider is, whether the claim of the plaintiffs is barred by the statute of. limitations.
In the case of a mere promise of indemnity, the statute of limitations begins to run from the time the promisee actually pays the money, and not from the time he becomes liable for the payment of it. Angelí on Lim. (2d ed.) 116. Colvin v Buckle, 8 Mees. & Welsb. 680. Jones v. Trimble, 3 Rawle, 381. The latter case is very analogous to the case at bar. The contract in the present case was, to “ indemnify and save harmlesswhich latter stipulation might authorize a…
2Cases cited4 opinions
- Chace v. HinmanNew York Supreme Court · 1832
- In re NegusNew York Supreme Court · 1832
- Lexington & Danville Railroad v. BarbeeCourt of Appeals of Kentucky · 1858
- Jones v. TrimbleSupreme Court of Pennsylvania · 1832
3Cited by1 opinion
- Lowe v. KeensNebraska Supreme Court · 1912