Slattery v. Doyle
Massachusetts Supreme Judicial Court
Contract to recover money lent by the plaintiff’s intestate to the defendant’s intestate. Writ dated February 23, 1900. The answer alleged, that the action was not brought within two years from the time that the defendant gave bond for the discharge of his trust and gave due notice of his appointment, and that the action was not commenced within six years next after the cause of action accrued.
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Contract to recover money lent by the plaintiff’s intestate to the defendant’s intestate. Writ dated February 23, 1900. The answer alleged, that the action was not brought within two years from the time that the defendant gave bond for the discharge of his trust and gave due notice of his appointment, and that the action was not commenced within six years next after the cause of action accrued. In the Superior Court, the case was heard by Aiken, J., without a jury, upon an auditor’s report. It appeared thereby that the money in question was lent by the plaintiff’s intestate to the defendant’s…
1Opinion of the CourtLathrop, J.
While the defendant made many requests for instructions which were not given, they are all involved in two questions: 1. Whether on the facts found the claim of the plaintiff is barred by the Pub. Sts. c. 197, § 1. 2. Whether on the facts the claim is barred by the special statute of limitations. Pub. Sts. 136, § 9. We will consider these in their order.
1. Whether the plaintiff’s claim is barred by the Pub. Sts. c. 197, § 1, depends upon the effect of part payments, made by the defendant after the death of his intestate. This question was so fully considered by Chief Justice Shaw in Foster v.…
2Cases cited3 opinions
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
- Corliss Steam Engine Co. v. SchumacherMassachusetts Supreme Judicial Court · 1872
3Cited by6 opinions
- Mulligan v. HiltonMassachusetts Supreme Judicial Court · 1940
- Haskell v. MansonMassachusetts Supreme Judicial Court · 1909
- Everett Trust Co. v. Waltham Theatre Amusement Co.Massachusetts Supreme Judicial Court · 1929
- Basford v. CranfordCourt of Appeals of Maryland · 1915
- Brigham v. GarcelonMassachusetts Supreme Judicial Court · 1925
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