Marshall v. Dalliber
Supreme Court of Connecticut
This was an action, brought by the plaintiff, as executor of Raphael Marshall, deceased, on a promissory note, made by the defendant, dated the 20th of March, 1816, for 200 dollars, payable to said Raphael Marshall, or order, on demand. The action was commenced on the 5th of June, 1823, more than six years after the execution of the note. The cause was tried at Litchfield, August term, 1824, before Brainard, J. The defence was the statute of limitations.
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This was an action, brought by the plaintiff, as executor of Raphael Marshall, deceased, on a promissory note, made by the defendant, dated the 20th of March, 1816, for 200 dollars, payable to said Raphael Marshall, or order, on demand. The action was commenced on the 5th of June, 1823, more than six years after the execution of the note. The cause was tried at Litchfield, August term, 1824, before Brainard, J. The defence was the statute of limitations. To repel this defence, the plaintiff offered a witness to prove, that in a conversation with the defendant, in December, 1823, he, the…
1Opinion of the CourtBristol, J.
The question presented for consideration in this case, is, whether the evidence offered by the plaintiff was admissible for the purpose of doing away the effect of the statute of limitations ?
The principles of law applicable to this question, have been frequently the subject of judicial decision ; and are now settled in the United States, the state of New-York, and our own State, in a manner more conformable to the intent of the legislature than many of the English cases. Clementson v. Williams, 8 Crunch 72. 74. Sands v. Gelston, 15 Johns. Rep. 511. Lord v. Shayler, 3 Conn. Rep. 131.
These…
2Cases cited1 opinion
- Lord v. ShalerSupreme Court of Connecticut · 1819
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