Bucknam v. Thompson
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Shepley, C. J., presiding. Assumpsit on two promissory notes. The general issue and statute of limitations were pleaded. The defendant was a sub-contractor on railroads, and after giving the notes went to Massachusetts and continued to reside there several months with his wife, and from thence he removed into the State of Vermont, and with his wife resided there many months.
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On Exceptions from Nisi Prius, Shepley, C. J., presiding. Assumpsit on two promissory notes. The general issue and statute of limitations were pleaded. The defendant was a sub-contractor on railroads, and after giving the notes went to Massachusetts and continued to reside there several months with his wife, and from thence he removed into the State of Vermont, and with his wife resided there many months. He lived at board while out of the State, and when his contracts were performed, he returned to this State. Before he left this State, he had a room in the house of his wife’s father…
1Opinion of the CourtTenney, J.
— The jury were instructed, that the phrase “and reside without the State” had reference to an established residence or home without the State ;• that the terms established residence and home were used to communicate the same idea.
In order to suspend the operation of the statute of limitations, after the cause of action has accrued, and the statute has begun to run, the person, who sets it up in defence, must not only be absent from, but reside without the State, c. 146, § 28. This language is similar to that used in e. 32, § 1, under the 6th head, providing that any person of the age of…
2Cited by2 opinions
- Patten v. MilamSupreme Judicial Court of Maine · 1983
- Venable v. PauldingSupreme Court of Minnesota · 1873