Sickles v. Mather
New York Supreme Court
Error from the New-York common pleas. Mather sued Sickles in assumpsit for goods sold and delivered. The defendant pleaded the general issue and the statute of limitations. The cause was heard by referees.
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Error from the New-York common pleas. Mather sued Sickles in assumpsit for goods sold and delivered. The defendant pleaded the general issue and the statute of limitations. The cause was heard by referees. The plaintiff, a manufacturer of ink, produced a bill of particulars, consisting of charges on nine different days, for divers quantities of ink sold to the defendant between the 22th day of January, 2830, and the 18th February, 1831, amounting in the whole to the sum of $224.57. The suit was commenced on the 19th July, 1836, and only four of the charges, amounting to $53.20, were of a date…
1Opinion of the Court
By the Court, Cowen, J.
It is not denied that if there were mutual accounts current, and any one item on either side was proved to have arisen within six years next before the suit brought, this will draw after it both accounts, and take the case out of the statute of limitations. Thus the inquiry here brings us, in some measure, down to the admissibility of the books of the plaintiff below. They contain dates within the six years ; and if competent evidence, they are so as well in respect to the date of the sales, as of the sales themselves. It is to be noted, C< e J however, that both…
2Cases cited5 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- M'Allister v. ReabNew York Supreme Court · 1830
- Faxon v. HollisMassachusetts Supreme Judicial Court · 1816
- Ingraham v. BockiusSupreme Court of Pennsylvania · 1823
- Shively v. United StatesSupreme Court of Pennsylvania · 1836
3Cited by24 opinions
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Spann v. BaltzellSupreme Court of Florida · 1847
- Radtke v. TaylorOregon Supreme Court · 1922
- Gunn v. GunnSupreme Court of Georgia · 1885
- Tomlinson v. BorstNew York Supreme Court · 1859
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