Legal Opinion

Pearsall v. Dwight

Massachusetts Supreme Judicial Court

Decided September 15, 1806PublishedCited by 60 opinions

Assumpsit on a promissory note. As the pleadings in this case are fully stated in the opinion of the Court as delivered by the Chief Justice, for the sake of brevity they are here omitted.

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Assumpsit on a promissory note. As the pleadings in this case are fully stated in the opinion of the Court as delivered by the Chief Justice, for the sake of brevity they are here omitted. The question on the pleadings was, whether, to an action in this commonwealth on a promissory note made in New YorJc, and payable there, the plaintiffs being inhabitants of that state, and the defendants inhabitants of this commonwealth, a plea of the statute of limitations of the state of New York was a good bar.

1Opinion of the Court

The opinion of the Court was afterwards delivered by

Parsons, C. J.

From the record in this cause, the declaration appears to be on a negotiable cash note, payable by the defendants to the plaintiffs, or their order, on demand. To this declaration there is a plea in bar, alleging that the plaintiffs long before, at the time, and ever since, the note was executed, were inhabitants of the state of New York; that the note was there made; that before it was made, and six years before this action was commenced, there was a statute of that state still in force, which, among other things, limited the…

2Cases cited5 opinions

  1. McCluny v. SillimanSupreme Court of the United States · 1830
  2. Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
  3. Trasher v. EverhartCourt of Appeals of Maryland · 1831
  4. Van Reimsdyk v. KaneU.S. Circuit Court for the District of Rhode Island · 1812
  5. Hinkley v. MareanU.S. Circuit Court for the District of Massachusetts · 1822

3Cited by60 opinions

  1. In Re BurrusSupreme Court of the United States · 1890
  2. Sun Oil Co. v. WortmanSupreme Court of the United States · 1988
  3. Townsend v. JemisonSupreme Court of the United States · 1850
  4. Andrews v. HerriotNew York Supreme Court · 1825
  5. Jones v. JonesSupreme Court of Alabama · 1850

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