Sherman v. Barnes
Supreme Court of Connecticut
IN ERROR. This was an action of assumpsit, brought by Jotharn Sherman against Andrew Barnes, on a special agreement, alleged to have been made, by the defendant, with the plaintiff, on the 16th of February, 1825. The action was commenced on the 6th of March, 1828. The defendant pleaded, that he did not make the promise or agreement, alleged in the declaration, at any time within three years before the commencement of this suit; and that no note, or memorandum in writing, of…
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IN ERROR. This was an action of assumpsit, brought by Jotharn Sherman against Andrew Barnes, on a special agreement, alleged to have been made, by the defendant, with the plaintiff, on the 16th of February, 1825. The action was commenced on the 6th of March, 1828. The defendant pleaded, that he did not make the promise or agreement, alleged in the declaration, at any time within three years before the commencement of this suit; and that no note, or memorandum in writing, of said promise or agreement, was ever made and signed by the defendant, or any person by him authorized, nor was the same…
1Opinion of the CourtBissell, J.
Under the demurrer joined in this case, several exceptions have been taken to the plaintiff’s replication, on the ground of a supposed want of technical precision in the averments.
These exceptions it is unnecessary to consider, as the Court has come to a unanimous decision upon the leading and important question intended to be raised by the pleadings. And that question is, whether it be an answer to the plea of the statute of limitations, that a suit for the same cause of action, was brought within the time limited, and being misconceived, was discontinued, and a new action brought…
2Cases cited1 opinion
- Soulden v. Van RensselaerNew York Supreme Court · 1830
3Cited by5 opinions
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- Hill's Adm'r v. Huckabee's Adm'rSupreme Court of Alabama · 1881
- Givens v. Robbins, Painter & Co.Supreme Court of Alabama · 1847
- Blair v. CaryWisconsin Supreme Court · 1859