Bennett v. . Cook
New York Court of Appeals
Appeal from the Superior Court of the city of Hew York, affirming a judgment upon a verdict at the trial term. The action was commenced May 30th, 1868, seven years and five months after the draft matured. The statute of limitations is pleaded by the defendant, Alfred S. Cook.
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Appeal from the Superior Court of the city of Hew York, affirming a judgment upon a verdict at the trial term. The action was commenced May 30th, 1868, seven years and five months after the draft matured. The statute of limitations is pleaded by the defendant, Alfred S. Cook. On the day the bill matured, the defendants all resided out of the State, but on the day following, the defendant, Alfred S. Cook, “came into the city, county, and State of Hew York, openly and publicly, and so that he might have béen served with process in any civil action, and so openly and publicly remained in said…
1Opinion of the Court
By the Court—Peckham, J.
Upon the facts in this case, there is no theory in the law, which can maintain this plea.
At the time the draft in suit was protested in Hew York city, for non-payment, the defendant was a non-resident of this State. He returned to the city the next day thereafter, and remained there from about eight in the morning until six in the evening, and then returned to his-residence in Jersey City, and thus he continued to return to the city of Mew York for about the same length of time, each day except Sundays, and except a very few days when absent from sickness, or…
2Cited by14 opinions
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- Whitcomb v. KeatorWisconsin Supreme Court · 1884
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