Shaw v. Smith
Massachusetts Supreme Judicial Court
Contract by the administrator de bonis non of the estate of Frederick B. Bridgman, against the administrator of the estate of Eugene Bridgman, upon the following instrument: “$126.00. Belchertown, July 19, 1873. For value received, I promise to pay F. B. Bridgman’s estate, or order, one hundred and twenty-six dollars on demand, with interest annually. Eugene Bridgman. Witness: A. Bridgman.”
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Contract by the administrator de bonis non of the estate of Frederick B. Bridgman, against the administrator of the estate of Eugene Bridgman, upon the following instrument: “$126.00. Belchertown, July 19, 1873. For value received, I promise to pay F. B. Bridgman’s estate, or order, one hundred and twenty-six dollars on demand, with interest annually. Eugene Bridgman. Witness: A. Bridgman.” Writ dated March 13,1886. The answer set up, among other defences, the statute of limitations. At the trial in the Superior Court, before Blodgett, J., without a jury, there was evidence that the above…
1Opinion of the CourtC. Allen, J.
After providing that the ordinary limitation of actions of contract shall be six years, it is enacted in the Pub. Sts. c. 197, § 6, that “none of the foregoing provisions shall *167apply to an action brought upon a promissory note signed in the presence of an attesting witness, if the action is brought by the original payee, or by his executor or administrator ”; and by § 7, such an action may be brought within twenty years. The defendant contends that the instrument sued on is not a promissory note, for want of a sufficiently definite payee, and he cites two decisions which sustain him in this…
2Cases cited10 opinions
- Moody v. ThrelkeldSupreme Court of Georgia · 1853
- M'Kinney v. HarterIndiana Supreme Court · 1845
- Lyon v. MarshallNew York Supreme Court · 1851
- Moore v. AndersonIndiana Supreme Court · 1856
- Peltier v. BabillionMichigan Supreme Court · 1881
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3Cited by11 opinions
- American National Bank v. KerleyOregon Supreme Court · 1923
- Tower v. StanleyMassachusetts Supreme Judicial Court · 1915
- Bacher v. City Nat. Bk., Phila.Supreme Court of Pennsylvania · 1943
- Boles v. HardingMassachusetts Supreme Judicial Court · 1909
- In Re Watkins'estateSupreme Court of Florida · 1954
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