Legal Opinion

Smith v. Bishop

Supreme Court of Vermont

Decided January 15, 1837PublishedCited by 15 opinions

This was an action on the case, in which the plaintiff declared, that whereas at Richmond, on the 22d. Aug. 1822, a conversation was had and moved between plaintiff and defendant, of and concerning the purchase of the exclusive right of making, constructing, using, selling and conveying, Ballou’s patent improrved threshing and winnowing machine, in the counties of Chittenden, Franklin, and Grand Isle, which said right was, then and there owned by one Moses Dennett, of the…

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This was an action on the case, in which the plaintiff declared, that whereas at Richmond, on the 22d. Aug. 1822, a conversation was had and moved between plaintiff and defendant, of and concerning the purchase of the exclusive right of making, constructing, using, selling and conveying, Ballou’s patent improrved threshing and winnowing machine, in the counties of Chittenden, Franklin, and Grand Isle, which said right was, then and there owned by one Moses Dennett, of the county of Oxford and State of Maine, and the defendant, then and there, in said conversation, proposed to the plaintiff to…

1Opinion of the Court

The opinion of the court, was delivered by

Phelps, J.

The question, arising upon the demurrer, }n*114volves the sufficiency of the plaintiffs replication; and the case resolves itself into two inquiries, viz. whether a fraudulent concealment of the plaintiff’s cause of action will protect him against the operation of the statute of limitations, and, if so, whether such a fraud is here alleged as will satisfy the rule.

It is a general rule, that the statute of limitations begins to run from the time when the cause of action accrues, or, in other words, from the time when the plaintiff’s right of…

2Cited by15 opinions

  1. Kerrigan v. O'MearaMontana Supreme Court · 1924
  2. Waugh v. Guthrie Gas, Light, Fuel & Improvement Co.Supreme Court of Oklahoma · 1913
  3. Atchison, Topeka & Santa Fe Railway Co. v. Atchison Grain Co.Supreme Court of Kansas · 1904
  4. Andreae v. RedfieldSupreme Court of the United States · 1879
  5. Miller v. PowersIndiana Supreme Court · 1889

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