Legal Opinion

Faulkner v. Bailey

Massachusetts Supreme Judicial Court

Decided January 21, 1878PublishedCited by 7 opinions

Contract upon a promissory note, dated July 10, 1869, for $500, payable to the plaintiff, or order, on demand, with interest semiannually, signed by Samuel Shute as principal and by the defendants as sureties. Writ dated January 15, 1877. Answer, the statute of limitations. At the trial in the Superior Court, before Wilkinson, J., the note was produced in evidence and the signatures of the defendants admitted.

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Contract upon a promissory note, dated July 10, 1869, for $500, payable to the plaintiff, or order, on demand, with interest semiannually, signed by Samuel Shute as principal and by the defendants as sureties. Writ dated January 15, 1877. Answer, the statute of limitations. At the trial in the Superior Court, before Wilkinson, J., the note was produced in evidence and the signatures of the defendants admitted. The plaintiff, to take the note out of the statute of limitations, relied upon payments of interest, regularly made every S'x months from the date of the note to January 10,1876, and…

1Opinion of the CourtGray, C. J.

It was formerly held in this Commonwealth, that an acknowledgment or promise, or a part payment, by one of two joint debtors, took the debt out of the statute of limitations as against both., Frye v. Barker, 4 Pick. 382. Sigourney v. Drury, 14 Pick. 387, 391. But the rule has been wholly changed by statute.

By the St. of 1834, o. 182, (which followed the St. of 9 G. IV. e. 14, commonly known as Lord Tenterden’s Act,) it was enacted, that no acknowledgment or promise by words only sheuld be deemed sufficient to take any case out of the operation of the statute of limitations, or to deprive any…

2Cases cited1 opinion

  1. Ramsay v. WarnerMassachusetts Supreme Judicial Court · 1867

3Cited by7 opinions

  1. Abele v. DietzMassachusetts Supreme Judicial Court · 1942
  2. Credit Service Corp. v. BarkerMassachusetts Supreme Judicial Court · 1941
  3. Fletcher v. SturtevantMassachusetts Supreme Judicial Court · 1920
  4. Clement v. ClementWisconsin Supreme Court · 1887
  5. Gates v. FiskMichigan Supreme Court · 1881

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