Boston v. Bradley's Ex'r.
Superior Court of Delaware
This was an action on the case, on a contract in writing, between Boston and Bradley, dated November.7, 1840, and signed by both parties, by which Boston agreed to load defendant’s schooner with oysters for New York or New Haven, in good order and clean; the vessel to proceed to market, and the defendant to dispose of the oysters to the best advantage for all concerned, and to have one-half the oysters, or. proceeds, after they were sold, for his freight.
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This was an action on the case, on a contract in writing, between Boston and Bradley, dated November.7, 1840, and signed by both parties, by which Boston agreed to load defendant’s schooner with oysters for New York or New Haven, in good order and clean; the vessel to proceed to market, and the defendant to dispose of the oysters to the best advantage for all concerned, and to have one-half the oysters, or. proceeds, after they were sold, for his freight. The plaintiff declared in assumpsit in several counts, one of them setting out the written contract; averring that the defendant sold the…
1Opinion of the Court
By the Court:
Booth, Chief Justice.
—The short pleading cannot be used for any purpose of injustice. The plea must be construed "to mean whatever the party pleading it would be obliged to draw it out if required; and it must be taken to have reference to the cause of action declared on. In this case if the cause of action be an acknowledgment under the hand of the party of a subsisting demand, the plea must be taken to be a plea of limitation applicable to such a demand, to wit, six years; and therefore there was no occasion to reply it to the plea.
The statutes of limitation are founded in…
2Cases cited3 opinions
- State v. ChucholaNew York Court of General Session of the Peace · 1922
- Northern Assurance Co. v. Rachlin Clothes Shop, Inc.Supreme Court of Delaware · 1924
- Cohen v. Home Insurance Co.Superior Court of Delaware · 1918
3Cited by1 opinion
- Fineberg v. Credit International Bancshares, Ltd.District Court, D. Delaware · 1994