Wilson v. Appleton
Massachusetts Supreme Judicial Court
Assumpsit on several promises. The plaintiff names himself of London, in the kingdom of Great Britain, merchant, an alien, never resident within the United States, or either of them. The defendant pleads that the cause of action did not accrue within six years, &c. The plaintiff replies, that at the time when the cause of action accrued to him, he was beyond sea, without any of the United States, viz., at London, &c., and hath ever since so continued.
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Assumpsit on several promises. The plaintiff names himself of London, in the kingdom of Great Britain, merchant, an alien, never resident within the United States, or either of them. The defendant pleads that the cause of action did not accrue within six years, &c. The plaintiff replies, that at the time when the cause of action accrued to him, he was beyond sea, without any of the United States, viz., at London, &c., and hath ever since so continued. The defendant rejoins, that within six years after making the supposed promises, and ever since, until the commencement of this action, the…
1Opinion of the Court
Curia.
The defendant’s counsel, to support the rejoinder, have argued that the saving in the statute was intended to apply to citizens of the commonwealth only, who may be absent beyond sea, when their causes of action accrue. But the saving in the statute is general to all who are beyond sea, and the word return cannot restrict the operation to those only who have been in the commonwealth, and have left it for temporary purposes.
As to the fact averred in the rejoinder, that the plaintiff had an agent in the commonwealth during bis absence, this might be a reasonable exception to the saving,…
2Cited by4 opinions
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