Bulger v. Roche
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note given by the defendant 10 the plaintiff at Halifax, Nova Scotia, dated February 5, 1821, payable on demand. The defendant pleaded 1. the general issue ; and upon this issue a verdict was found for the plaintiff:—2. actio ncn acerevit infra sex annos: — and 3. non assumpsit infra sex annos.
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Assumpsit on a promissory note given by the defendant 10 the plaintiff at Halifax, Nova Scotia, dated February 5, 1821, payable on demand. The defendant pleaded 1. the general issue ; and upon this issue a verdict was found for the plaintiff:—2. actio ncn acerevit infra sex annos: — and 3. non assumpsit infra sex annos. To the second plea the plaintiff replied, that at the time when the action accrued he was beyond sea, without any of the United States, to wit, at Halifax, and there lived until he afterwards, to wit, on tire first day of June 1829, came into the United States, and that within…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The facts upon which the question arises in the present case, are presented upon the pleadings ; and the general question is, whether a plaintiff, a subject of a foreign state, can maintain an action against a defendant, who is a subject of the same foreign state, upon a cause of action barred by a statute of limitations of the state, of which they were respectively subjects when the cause of action accrued. Several preliminary questions were raised upon the sufficiency of the pleadings, as whether the rejoinder is not bad as a departure, and…
2Cases cited3 opinions
- Shelby v. GuySupreme Court of the United States · 1826
- Dwight v. ClarkMassachusetts Supreme Judicial Court · 1811
- Byrne v. CrowninshieldMassachusetts Supreme Judicial Court · 1820
3Cited by6 opinions
- Brooke v. New York, Lake Erie, & Western R. R.Supreme Court of Pennsylvania · 1885
- Darrell G. Hemric v. Reed and Prince Manufacturing CompanyCourt of Appeals for the First Circuit · 1984
- Millar v. HiltonMichigan Supreme Court · 1915
- Fedder v. McClennenDistrict Court, D. Massachusetts · 1996
- Robert E. Dupuis v. Roman Catholic Bishop of PortlandSupreme Judicial Court of Maine · 2025
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