Sanborn v. Gale
Sanborn v. Gale
Opinion of the Court
The plaintiff’s cause of action was complete at the time when he discovered his wife in the act of adultery with the defendant; and, as this was more than six years before he brought suit, the action was barred by the statute of limitations, Pub. Sts. c. 197, § 1, cl. 4, unless saved by the provisions of § 14 as to a fraudulent concealment by the defendant of the cause of action. The wife’s confession in 1892 did not disclose any subsequent adultery, or any cause of action accruing at a later date; and if it would show that she, through the procure
Moreover, the confession was not competent against the defendant, because the plaintiff could not be allowed to testify as to a private conversation with his wife; Pub. Sts. c. 169, § 18, cl. 1; and also because the defendant would not be bound, and, could not be affected, by such a confession made in his absence. Pond v. Pond, 132 Mass. 219, 223. Exceptions overruled.
Reference
- Full Case Name
- Charles A. Sanborn v. George W. Gale
- Cited By
- 18 cases
- Status
- Published