Blair v. Drew
Superior Court of New Hampshire
Assumpsit upon an account annexed to the writ, containing sundry items of charges, at different times, between June 1817, and May 1825 ; and divers items of credit between October 1818, and December 1826. The writ was dated December 13, 1830. It appeared from the report of an auditor, that in April, 1826, the defendant then being under guardianship, as an insane person, and there being boards and logs which belonged to him at the plaintiff’s mill, his guardian fold the…
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Assumpsit upon an account annexed to the writ, containing sundry items of charges, at different times, between June 1817, and May 1825 ; and divers items of credit between October 1818, and December 1826. The writ was dated December 13, 1830. It appeared from the report of an auditor, that in April, 1826, the defendant then being under guardianship, as an insane person, and there being boards and logs which belonged to him at the plaintiff’s mill, his guardian fold the plaintiff he might saw the logs, and give the defendant credit for the avails and for the boards then on hand, which was…
1Opinion of the CourtParker, J.
It is argued in this case, that as some of the items of the credit are within six years next before the commencement, of the suit, they are evidence of a new promise, and draw after them all the items on the other side within six years prior to the dates of the credits, and thud defeat the operation of the statute of limitations as a bar to the plaintiff’s demand.
If this were so as a general principle, it by no means follows that such principle would apply, under the circumstances of the case. The only items of credit within six years arise from a transaction not by the defendant, with the…
2Cases cited7 opinions
- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1822
- Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
- Mandeville and Jamesson v. WilsonSupreme Court of the United States · 1809
- SPRING AND OTHERS v. the Executors of GraySupreme Court of the United States · 1832
- Kimball v. BrownNew York Supreme Court · 1831
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3Cited by1 opinion
- Livermore v. RandSuperior Court of New Hampshire · 1852