Cardell v. Carpenter
Supreme Court of Vermont
Assumpsit, to recover the amount of two promissory notes. Plea, the general issue and the statute of limitations. Replication, absence of the defendant from the state as a soldier in the United States army, to which the defendant filed a rejoinder, to which the plaintiff orally demurred.
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Assumpsit, to recover the amount of two promissory notes. Plea, the general issue and the statute of limitations. Replication, absence of the defendant from the state as a soldier in the United States army, to which the defendant filed a rejoinder, to which the plaintiff orally demurred. It was conceded by the defendant’s counsel that the pleadings admitted, and that such was the fact, that the cause of action accrued within six years next before the commencement of the suit, commencing the computation at the time the defendant executed the notes, and deducting the whole time of his absence…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
In regard to the question whether, upon the pleadings and evidence, the time the defendant was absent from the state, as a soldier, ought to be deducted in computing the period of the statute of limitations, we think the decision of the county court is correct. Section 20 of chapter 63 of the General Statutes provides that “ in all cases where an inhabitant of this state has volunteered or enlisted, or shall volunteer or enlist, under the laws of this state, or of the United States, or shall be drafted into the service of the United States,…
2Cited by3 opinions
- Stewart v. DarrowSupreme Court of Vermont · 1982
- Truxton v. Fait & Slagle Co.Supreme Court of Delaware · 1899
- Stewart v. DarrowSupreme Court of Vermont · 1982