Sullivan v. Holker
Massachusetts Supreme Judicial Court
This was assumpsit by the plaintiff, as administrator de bonis non of Thomas Russell, deceased, intestate. The declaration contained several counts. 1. Insimul computassent between the defendant and the said Russell, on 16th of February, 1790, and a promise to pay the balance found due ; 2. A like count as between the defendant and the original administrators of the intestate, on the 10th of August, 1796, and a promise to pay them the balance then found due; 3. Á similar…
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This was assumpsit by the plaintiff, as administrator de bonis non of Thomas Russell, deceased, intestate. The declaration contained several counts. 1. Insimul computassent between the defendant and the said Russell, on 16th of February, 1790, and a promise to pay the balance found due ; 2. A like count as between the defendant and the original administrators of the intestate, on the 10th of August, 1796, and a promise to pay them the balance then found due; 3. Á similar count with the last, with an averment that the defendant, in consideration of his being so indebted, on the 30th of…
1Opinion of the CourtParker, C. J.
The Court being all of opinion that the first count is good, and that the evidence given was sufficient to support it; and also that the promise made to the present plaintiff was sufficient to avoid the statute of limitations, which is pleaded against it, — there is no necessity for investigating the merits of the second and third counts. For, although the verdict is general, and, therefore, if one of the counts is bad, judgment must be arrested, — unless the verdict can be restricted in its application,—yet it is well * settled that, in such cases, the plaintiff may elect his count, and have…
2Cases cited1 opinion
- Barnard v. WhitingMassachusetts Supreme Judicial Court · 1811
3Cited by14 opinions
- Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
- Minot v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Brown v. WebberMassachusetts Supreme Judicial Court · 1850
- Barnes v. HurdMassachusetts Supreme Judicial Court · 1814
- Benson v. SwiftMassachusetts Supreme Judicial Court · 1806
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