Baxter v. Gay
Supreme Court of Connecticut
IN ERROR. This was an action of assumpsit, brought by Bartliolomeu) C. Baxter against Jeremiah R. Gay and Harriet, his wife, for the recovery of the sum of 50 dollars, for land conveyed by the plaintiff and bis wife to Harriet Gay, one of the defendants, upon an agreement made by the parties while she waá unmarried. The action was commenced May 30th, 1838. The declaration contained several counts. The facts alleged were substantially these.
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IN ERROR. This was an action of assumpsit, brought by Bartliolomeu) C. Baxter against Jeremiah R. Gay and Harriet, his wife, for the recovery of the sum of 50 dollars, for land conveyed by the plaintiff and bis wife to Harriet Gay, one of the defendants, upon an agreement made by the parties while she waá unmarried. The action was commenced May 30th, 1838. The declaration contained several counts. The facts alleged were substantially these. Nathaniel Bradford, Esq. died in May, 1833, leaving real estate, and Nathaniel B. Bradford, Joshua Bradford, Ursula Bradford, Harriet Bradford, now the…
1Opinion of the CourtSherman, J.
1. The part of,the statute of lihíilátions on which the defendants relied, is the 5th section, which limits actions on express contracts, not in writing, to three years from the time the “ right of action shall accrue.” Had the contract which is stated in the declaration been in writing, the right of action would not have accrued until the deed was *122S'verl the plaintiff and his wife to the defendant Harriet was not bound to pay for the land until she received a title. This was in 1837, and about one year before the commencement of the suit; This statute, therefore, furnished no protection to…
2Cited by4 opinions
- Mathews' Appeal From ProbateSupreme Court of Connecticut · 1900
- Merwin, Trustee, AppealSupreme Court of Connecticut · 1902
- Dickinson's Appeal from ProbateSupreme Court of Connecticut · 1886
- Brazee v. WoodsTexas Supreme Court · 1872