Dwight v. Clark
Massachusetts Supreme Judicial Court
Case upon several promissory notes made by the defendant to Gurdon Ellsworth, the plaintiiPs intestate, dated at Ellington, the 4th of August, 1800, and payable on the 1st of March, 1801. The defendant pleads the statute of limitations in bar.
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Case upon several promissory notes made by the defendant to Gurdon Ellsworth, the plaintiiPs intestate, dated at Ellington, the 4th of August, 1800, and payable on the 1st of March, 1801. The defendant pleads the statute of limitations in bar. The plaintiff replies, that, when the cause of action accrued, viz., &c., the defendant was without the limits of the commonwealth, and did not return until within six years next before the commencement of this action, viz. until the last day of March, 1805; and that he did not leave property that could be attached by the common and ordinary process of…
1Opinion of the Court
The opinion of the Court was delivered by,
Sedgwick, J.
The question in this case arises on the statute lot the limitation of personal actions.
The action is on several promissory notes. The defendant pleads non assumpsit infra sex anuos. The replication alleges, in substance, that, at the time the cause of action accrued, the defendant was without the limits of this commonwealth ; that he had left therein no property or estate that could, by the ordinary process of law, be attached ; and that he did not return into the commonwealth until six years before the commencement of the action. The…
2Cited by18 opinions
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