Legal Opinion

Burnham v. Brown

Supreme Judicial Court of Maine

Decided April 15, 1844PublishedCited by 4 opinions

Assumpsit upon a promissory note, of which the following is a copy. “ $375. May 20, 1835. For value received I promise to pay Daniel Burnham or order three hundred and seventy-five dollars, with interest annually, payable in three yearly equal payments. “ Daniel Brown.” The suit was commenced Dec. 5, 1842. The statute of limitations was pleaded as a bar to the recovery .of the first yearly payment and the interest for the first year.

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Assumpsit upon a promissory note, of which the following is a copy. “ $375. May 20, 1835. For value received I promise to pay Daniel Burnham or order three hundred and seventy-five dollars, with interest annually, payable in three yearly equal payments. “ Daniel Brown.” The suit was commenced Dec. 5, 1842. The statute of limitations was pleaded as a bar to the recovery .of the first yearly payment and the interest for the first year. The defendant was defaulted, subject to the opinion of the Court, whether the recovery of any part of the note was barred by the statute of limitations; and of…

1Opinion of the Court

The opinion of the Court was drawn up by

Tenmey J.

The note in suit was made payable in three yearly instalments; and this action was commenced after the expiration of six years from the time, when the first became due; and it is.insisted by the defendant, that the statute of limitations upon which he relies, will apply to the first instalment.

The statute provides, that actions founded on contract shall be commenced within six years next after the cause of action shall accrue and not afterwards. Stat. 1821, c. 62, <§> 7; Rev. Stat. c. 146, § 1. Did the cause of this action, so far as its object…

2Cases cited2 opinions

  1. Hastings v. WiswallMassachusetts Supreme Judicial Court · 1812
  2. Tucker v. RandallMassachusetts Supreme Judicial Court · 1807

3Cited by4 opinions

  1. Boynton v. SalingerSupreme Court of Iowa · 1910
  2. Bush v. StowellSupreme Court of Pennsylvania · 1872
  3. True v. BrainardNew York Supreme Court · 1927
  4. Griffin v. Macon CountyU.S. Circuit Court for the District of Eastern Missouri · 1888

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