Legal Opinion

Hackett v. Kendall

Supreme Court of Vermont

Decided January 15, 1851PublishedCited by 15 opinions

Assumpsit upon a promissory note for $23,50, dated September 30, 1841, payable to Mehitable M. Booth, or bearer, in one year from date, with interest. Pleas, the general issue and the statute of limitations, and trial by jury, December Term, 1850, — Pierpoint, J., presiding.

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Assumpsit upon a promissory note for $23,50, dated September 30, 1841, payable to Mehitable M. Booth, or bearer, in one year from date, with interest. Pleas, the general issue and the statute of limitations, and trial by jury, December Term, 1850, — Pierpoint, J., presiding. On trial, the plaintiff, after giving in evidence the note declared upon, gave evidence tending to prove, that in the spring of 1844 the defendant, who had a family and kept house in Granville, Vermont, discontinued house keeping, and his wife went, with her child, to live with her father in Granville, and the defendant…

1Opinion of the Court

The opinion of the court was delivered by

Redfijeld, J.

The first question arising in the case is, whethér the defendant’s absence from the state, as stated in the bill of exceptions, was of such a character, as properly to be deducted in computing the time of the statute of limitations. We understand from the argument, although the date of the writ is not copied into the case furnished to the court, that if either absence of the defendant be deducted, it will be sufficient to remove the bar. It will therefore only be necessary to examine the latter; as, if this be not sufficient, the other…

2Cases cited1 opinion

  1. Town of Middletown v. Town of PoultneySupreme Court of Vermont · 1830

3Cited by15 opinions

  1. Pells v. SnellIllinois Supreme Court · 1889
  2. Farrow v. FarrowSupreme Court of Iowa · 1913
  3. Venable v. PauldingSupreme Court of Minnesota · 1873
  4. Harrison's Administrator v. Northwestern Mutual Life InsuranceSupreme Court of Vermont · 1906
  5. Trask v. KarrickSupreme Court of Vermont · 1920

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