De Forest v. Hunt
Supreme Court of Connecticut
This was an action of book debt; tried at New-Haven, January term 1830, before Daggett, J. The accounts between the parties, which were large, had never been adjusted. The plaintiffs claimed a balance of more than 2,000 dollars. The last item of their account accrued in 1819, more than six years before the commencement of the present action.
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This was an action of book debt; tried at New-Haven, January term 1830, before Daggett, J. The accounts between the parties, which were large, had never been adjusted. The plaintiffs claimed a balance of more than 2,000 dollars. The last item of their account accrued in 1819, more than six years before the commencement of the present action. The statute of limitations, therefore, having attached upon their claim, to relieve it from the operation of this statute, they relied upon a recognition of it, by the defendant, in February 1822, within the six years. It appeared from the deposition of…
1Opinion of the Court
Hosmer, Ch. J.
The first question is, whether the evidence adduced by the plaintiffs to remove the bar of the statute of limitations, was admissible. The objection to its admissibility was not much pressed, by the counsel, in the argument. The evidence at least conduced to prove the fact for which it was adduced, and of consequence, was competent to be received and weighed by the jury. Gibson v. Hunter, 2 H. Bla. 288.
The remaining and only material enquiry, is, whether the plaintiffs’ debt was so recognized as to remove the bar.
On recurrence to the evidence, it is very clear, the defendant not…
2Cases cited10 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Wetzell v. BussardSupreme Court of the United States · 1826
- Clementson v. WilliamsSupreme Court of the United States · 1814
- Brown v. AndersonMassachusetts Supreme Judicial Court · 1816
- Peck v. BotsfordSupreme Court of Connecticut · 1828
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3Cited by12 opinions
- McCormick v. BrownCalifornia Supreme Court · 1868
- Potter v. Prudential InsuranceSupreme Court of Connecticut · 1928
- Pike v. MilesWisconsin Supreme Court · 1868
- Foster v. SmithSupreme Court of Connecticut · 1885
- Sears v. HoweSupreme Court of Connecticut · 1908
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