Gould v. Camp
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, against the executrix of the will of Clora F. Gould. Writ dated May 11,1891. The answer, among other things, set up the special statute of limitations, Pub. Sts. c. 136, § 9. Trial in the Superior Court, before Aldrich, J., who directed a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action against the executrix of one Clora F. Gould. It is barred by the special statute of limitations, unless new assets have come to the defendant’s hands, so as to bring the case within the exceptions of the Pub. Sts. c. 136, § 11. The question is whether the plaintiff has made out such a case.
The alleged new assets are the proceeds of four notes recovered of the present plaintiff in a suit of Mellen v. Gould, and arrested by trustee process in the hands of the lawyer who acted for the plaintiff in that case. These notes were made by the defendant in that case, the pi’esent…
2Cases cited6 opinions
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3Cited by6 opinions
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