Ware v. Gowen

Decided March 15, 1873

Massachusetts Supreme Judicial Court · decided 1873-03-15

Contract by Benjamin P. Ware and John Q. A. Clifton, executors of the will of John Clifton, against John E. Gowen and Franklin Copeland, on a promissory note dated April 22, 1856, signed by the defendants, payable to Charles F. Lougee or order, and by him indorsed to the plaintiffs’ testator. Writ dated July 29,1870.

Cited by 2 later decisions — most recently July 1990

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-03-15

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By the Court.

¶1There was evidence to go to the jury that Gowen was absent from and resided out of the State within the meaning of the statute. Gen. Sts. c. 155, § 9.*

¶2jExceptions sustained.

¶3 “If, at the time when any cause of action mentioned in this chapter accrues against a person, he is out of the State, the action may he commenced, within the time herein limited therefor, after he comes into the State ; and if, after a cause of action has accrued, the person against whom it has accrued is absent from and resides out of the State, the time of his absence shall not be taken as part of .the time limited for the commencement of the action.”