Joy v. Thompson
Michigan Supreme Court
This action was originally brought by Joy against Thompson, before a justice .of the peace, February 24, 1843. The declaration was in assumpsit upon a promissory note made by the defendant May 1, 1822, and payable on the first day of October, in the same year. Pleas, non-assumpsit, and actio non accrevit infra sex annos. Replication, that the defendant did promise, &c. within six years.
Read the full summary
This action was originally brought by Joy against Thompson, before a justice .of the peace, February 24, 1843. The declaration was in assumpsit upon a promissory note made by the defendant May 1, 1822, and payable on the first day of October, in the same year. Pleas, non-assumpsit, and actio non accrevit infra sex annos. Replication, that the defendant did promise, &c. within six years. On the trial the plaintiff proved a verbal promise to pay the note, made by the defendant in June, 1842. The defendant contended that this was insufficient, and that since the Revised Statutes of 1838 took…
1Opinion of the CourtGoodwin, J.
The simple question presented by this case is, whether, since the Revised Statutes came into operation, a verbal promise will revive a cause of action upon simple con*374tract, previously barred by the statute of limitations. The determination of this question depends, mainly, upon the construction and effect to be given to the different sections of Chap. 2, Title 6, Part 3, of the Revised Statutes, entitled, “Of the limitations of personal actions,” which took effect September 1, 1838.
It is a rule of interpretation, in construing statutes, that all the different parts are to be taken together,…
2Cited by28 opinions
- Joske v. IrvineTexas Supreme Court · 1898
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Kearney v. SnodgrassOregon Supreme Court · 1885
- Howard v. StateSupreme Court of Alabama · 1895
- President, Directors & Co. of Rensselaer Glass Factory v. ReidCourt for the Trial of Impeachments and Correction of Errors · 1825
23 more not listed; retrieve them via the Exa API.