Byrne v. Crowninshield
Massachusetts Supreme Judicial Court
Assumpsit on four promissory notes, which were respectively payable on the 15th of July, 1st and 15th of August, and 1st of September, 1811. The defendant pleaded the statute of limitations. (Si. 1786, c. 52, § 4.) The following facts appeared in a case stated by the parties. The plaintiff was a citizen of the State of New York when he action accrued, and continued so until the commencement of this suit.
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Assumpsit on four promissory notes, which were respectively payable on the 15th of July, 1st and 15th of August, and 1st of September, 1811. The defendant pleaded the statute of limitations. (Si. 1786, c. 52, § 4.) The following facts appeared in a case stated by the parties. The plaintiff was a citizen of the State of New York when he action accrued, and continued so until the commencement of this suit. The defendant lived without this Commonwealth, with his family, from the time when the action accrued until he came to live here, within six years before the suit was commenced, except that…
1Per curiam
By a return within the government must be meant such a return as would give a party reasonable opportunity to commence an action.1 In White v. Bailey it is said, that a person must return with a design to dwell within the jurisdiction of the Commonwealth ; but that was not the point before the Court. Here the defendant remained eight or ten days in Salem for a temporary purpose. This might be sufficient in respect to a creditor living in that town, but not so in regard to a creditor living in New York. It is not necessary, however, to decide this question, because we are satisfied on another…
2Cases cited6 opinions
- Faw v. Roberdeau'sSupreme Court of the United States · 1805
- Hall v. LittleMassachusetts Supreme Judicial Court · 1817
- Jones v. HenryCourt of Appeals of Kentucky · 1823
- Pancoast's Lessee v. AddisonGeneral Court of Virginia · 1802
- Chomqua v. MasonU.S. Circuit Court for the District of Rhode Island · 1812
1 more not listed; retrieve them via the Exa API.