Gonder v. Estabrook
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an action of assumpsit by T. D. Estabrook against ’ Benjamin B. Gronder, on a promissory note for $510, dated the 8th March 1856, and payable one year and eight months after date, with interest.
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Error to the Common Pleas of Lancaster county. This was an action of assumpsit by T. D. Estabrook against ’ Benjamin B. Gronder, on a promissory note for $510, dated the 8th March 1856, and payable one year and eight months after date, with interest. The defendant pleaded a set-off, consisting of a note for $1000, dated the 23d March 1850, at ninety days. . The plaintiff replied the statute of limitations; to which the defendant rejoined, that the plaintiff was not within the state of Pennsylvania, at the time the set-off accrued, nor at any time since. To this there was a general demurrer.…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
The exceptions in section five of the Limitation Act of 1713 are in favour of disabilities of the plaintiff, existing at the time the cause of action accrues. One of the disabilities provided for is, that of the plaintiff being “beyond sea.” The Act of 30th July 1842, § 27, P. L. 456, amends the Act of 1713, by making the fact that the defendant is “beyond sea,” an exception to the Limitation Act. Of course, then, this phrase has the same meaning in both acts. With us it has always been understood to mean outside of the United States; 1…
2Cases cited1 opinion
- Ward v. HallamSupreme Court of Pennsylvania · 1794
3Cited by1 opinion
- McGrath v. Helena Rubinstein, Inc.District Court, S.D. New York · 1939