Eames v. Savage
Massachusetts Supreme Judicial Court
Assumpsit for 750 dollars, had and received by Ebenezer Seaver, the defendant’s intestate, on the 10th * day of October, 1809. The original writ was dated the 21st day of February, 1816. The defendant pleaded, besides the general issue, which was joined by the plaintiff, that the said intestate did not make the supposed promise within six years ; and in a third plea, that the cause of action did not accrue within six years from the commencement of the suit.
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Assumpsit for 750 dollars, had and received by Ebenezer Seaver, the defendant’s intestate, on the 10th * day of October, 1809. The original writ was dated the 21st day of February, 1816. The defendant pleaded, besides the general issue, which was joined by the plaintiff, that the said intestate did not make the supposed promise within six years ; and in a third plea, that the cause of action did not accrue within six years from the commencement of the suit. The plaintiff replies to the second plea in bar, that the money mentioned in the declaration was paid to the defendant’s intestate on the…
1Opinion of the Court
Per Curiam,.
The result of all the facts stated in the replica-
tions to the pleas in bar in this case is, that the cause of action accrued to the plaintiff within six years; and the plaintiff should have joined the issue, if he was well advised that the contract set forth might be proved by parole, of which we now give no opinion. The contract was broken, because the intestate did not make the deed in his lifetime; for no time being fixed, he had his rife to fulfil the contract, unless the plaintiff had demanded a performance, and been refused.
As the plaintiff, if entitled to this evidence at…
2Cited by12 opinions
- Ott v. BoringWisconsin Supreme Court · 1907
- Smiley v. BarkerCourt of Appeals for the Eighth Circuit · 1897
- Ankeny v. ClarkSupreme Court of the United States · 1893
- Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819
- Ankeny v. ClarkWashington Supreme Court · 1889
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