McCann v. Randall
Massachusetts Supreme Judicial Court
Bill in equity, filed February 4,1885, in the Superior Court, to reach and apply, in payment of a promissory note given by the defendant Randall to the plaintiff, a United States Treasury draft payable to the order of Randall and in the possession of the defendant Manning. The prayer of the bill was for an injunction to prevent the delivery up or the negotiation of the draft by Manning, who was a resident of Boston, and upon Avhom personal service was made.
Read the full summary
Bill in equity, filed February 4,1885, in the Superior Court, to reach and apply, in payment of a promissory note given by the defendant Randall to the plaintiff, a United States Treasury draft payable to the order of Randall and in the possession of the defendant Manning. The prayer of the bill was for an injunction to prevent the delivery up or the negotiation of the draft by Manning, who was a resident of Boston, and upon Avhom personal service was made. Service by publication only, in accordance with an order of notice duly issued, was made upon Randall, who was a resident of New York.…
1Opinion of the CourtDevens, J.
The defendant Randall is not entitled to a defence by virtue of our statute of limitations against the promissory note now held by the plaintiff, upon the ground that the bill was not brought within six years from the time the cause of action accrued. He is not, and never has been, an inhabitant of this State, and our statute never began to run in his favor. Ho personal service has been made upon him, but a suit against him, with an effectual attachment of his property in this State, or of his goods, effects, or credits here situate in the hands of others, by trustee process, or proceeding…
2Cases cited46 opinions
- State of Penn. v. THE WHEELING &C. BRIDGE CO.Supreme Court of the United States · 1852
- Freeman v. AldersonSupreme Court of the United States · 1886
- The Floyd AcceptancesSupreme Court of the United States · 1869
- Hart v. SansomSupreme Court of the United States · 1884
- United States v. Bank of the MetropolisSupreme Court of the United States · 1841
41 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Root v. MacDonaldMassachusetts Supreme Judicial Court · 1927
- McKee v. DoddCalifornia Supreme Court · 1908
- Snyder v. SmithMassachusetts Supreme Judicial Court · 1904
- Pettibone v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1889
- Allard v. EstesMassachusetts Supreme Judicial Court · 1935
29 more not listed; retrieve them via the Exa API.