Balcom v. Richards

Massachusetts Supreme Judicial Court

Balcom v. Richards

60 Mass. 360, 6 Allen 360

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1850

StatusPublished

Cited by1 cases

This text of 60 Mass. 360 (Balcom v. Richards) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Balcom v. Richards, 60 Mass. 360, 6 Allen 360 (Mass. 1850).

Pincite

Opinion

Dewey, J.

The ruling of the court of common pleas, that a payment, made by one of two defendants upon the note before it was barred by the statute of limitations, prevented the statute from running against both, and that it was not important for the jury to consider, whether Jesse F. Richards admitted that the payment was made by himself or Calvin Richards, was erroneous. This subject was fully considered by this court in the case of Peirce v. Tobey, 5 Met. 168, 171, and that decision must govern the present case.

Exceptions sustained.

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Dewey, J.

The ruling of the court of common pleas, that a payment, made by one of two defendants upon the note before it was barred by the statute of limitations, prevented the statute from running against both, and that it was not important for the jury to consider, whether Jesse F. Richards admitted that the payment was made by himself or Calvin Richards, was erroneous. This subject was fully considered by this court in the case of Peirce v. Tobey, 5 Met. 168, 171, and that decision must govern the present case.

Exceptions sustained.

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Bluebook (online)

60 Mass. 360, 6 Allen 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balcom-v-richards-mass-1850.

Opinion

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