Connecticut Trust & Safe Deposit Co. v. Wead
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 8, 1901, upon an order affirming a judgment in favor of defendant Leslie C. Wead entered upon a dismissal of the complaint as to him by the court at a Trial Term, and reversing a judgment against the defendant Charles K. Wead entered upon a verdict directed by the court and granting a new trial. ' The nature of the action and the facts, so far as material,…
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 8, 1901, upon an order affirming a judgment in favor of defendant Leslie C. Wead entered upon a dismissal of the complaint as to him by the court at a Trial Term, and reversing a judgment against the defendant Charles K. Wead entered upon a verdict directed by the court and granting a new trial. ' The nature of the action and the facts, so far as material, are stated in the opinion. The letter sent to the plaintiff by the defendant Charles K. Wead was an acknowledgment, and…
1Opinion of the CourtCullen, J.
The action was brought in April, 1900, against the two defendants as indorsers of a promissory note which matured February 14th, 1890. Both defendants pleaded the Statute of Limitations. The defendant Charles K. Wead was a resident of the state at the time the cause of action accrued and remained such until the commencement of the action. The plaintiff sought to avoid the bar of the statute by proof of the receipt of the following letter:
“ 251 Patent Office,
“ Washington, D. C., Dec. 27, ’97.
“ Conn. Trust & S. D. Co.
“Hartford, Conn.
“ Mr. M. II. Whaples, Ft.:
“ Dear Sir.-—■ Several years ago…
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