Sykes v. Meacham
Massachusetts Supreme Judicial Court
Bill in equity, filed July 29, 1869, under the St. of 1861, c. 174, § 2, against the administrators of the estate of George Meacham, of Cambridge, deceased.
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Bill in equity, filed July 29, 1869, under the St. of 1861, c. 174, § 2, against the administrators of the estate of George Meacham, of Cambridge, deceased. The bill alleged that the plaintiff was on February 17, 1863, and had since continued to be, a resident of Montreal, in Canada, and an alien, and had not resided in the United States since 1829; that, on said February 17, he authorized said Meacham to collect the money due to him on a mortgage, and Meacham collected the money and promised to keep it and pay the plaintiff interest thereon; that the plaintiff, not having any use for the…
1Opinion of the CourtAmes, J.
It seems to be impossible to sustain this' bill without overruling the recent case of Wells v. Child, 12 Allen, 333. Indeed, that case was perhaps a somewhat stronger one for the plaintiff, as there was certainly some ground for the belief that the assurances and excuses offered by the executor from time to time had been the cause of the delay, which enabled him successfully to defend against a just debt by pleading the statute of limitations.
In the present case, no fraud has been practised upon the plaintiff, and he does not take the ground that he has been misled or thrown off his guard by…
2Cited by20 opinions
- Mulligan v. HiltonMassachusetts Supreme Judicial Court · 1940
- Hastoupis v. GargasMassachusetts Appeals Court · 1980
- Holway v. AmesSupreme Judicial Court of Maine · 1905
- Ewing v. KingMassachusetts Supreme Judicial Court · 1897
- Leach v. LeachMassachusetts Supreme Judicial Court · 1921
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