Brown v. Delafield
Court for the Trial of Impeachments and Correction of Errors
Demurrer to replication. The declaration was in assumpsit, to which the defendants pleaded the statute of limitations, in both forms. Replication, “ that Henry Delafield, one of the defendants, departed from and resided and was absent out of the state of New-York before the expiration of six years from the time the cause of action in this cause accrued, to wit,”
1Opinion of the Court
By the Court, Beardsley, J.
It seems to me quite clear,' that the statute under which it is attempted to support this replication, does not apply to such a case. (2 R. S. 297, § 27.) Here was a joint cause of action on contract against two persons, one of whom departed from the state within the period of limitation, but the other continued to reside within it. Such a case is not within the terms of the section. The words are, “ if at the time when any cause of action specified in this article shall accrue against any person, he shall be out of the state, such action may be commenced within the…
2Cited by13 opinions
- Cutler v. . WrightNew York Court of Appeals · 1860
- Parker v. JacksonNew York Supreme Court · 1852
- Denny v. . SmithNew York Court of Appeals · 1859
- Bogert v. . VermilyaNew York Court of Appeals · 1853
- Bogert v. VermilyaNew York Court of Appeals · 1853
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