Quick v. Corlies
Supreme Court of New Jersey
On rule to show cause why a new trial should not be; granted. The plaintiff brought an action of debt against the defendant on a sealed bill or agreement, wherein Joseph A. Cor lies; promised to pay Hannah Quick, the plaintiff, one day after.' date, the sum of $500, not to draw interest until his fCorlies’)' death ; “ and it is not to outlaw by the statute of limitations,, value received.”
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On rule to show cause why a new trial should not be; granted. The plaintiff brought an action of debt against the defendant on a sealed bill or agreement, wherein Joseph A. Cor lies; promised to pay Hannah Quick, the plaintiff, one day after.' date, the sum of $500, not to draw interest until his fCorlies’)' death ; “ and it is not to outlaw by the statute of limitations,, value received.” Dated December 15th, 1854. Joseph Corlies died February 4th, 1875. This action; was brought by the plaintiff against his administratrix, in. September, 1875. The defendant pleaded the statute of…
1Opinion of the Court
*12The opinion of the court was delivered by
Scudder, J.
This obligation being under seal, the action upon it must be commenced within sixteen years next after the cause of action shall have accrued, and not after, by the statute of limitations of our state. As it was payable one day after date, the time expired in 1870, and the action was not brought until 1875. The suit is, therefore, barred by the statute, unless it be saved by the clause that the claim “ is not to- outlaw by the statute of limitations.”
It is said that' this clause is of no legal effect, because' it avoids the express terms of…
2Cases cited5 opinions
- Utica Insurance v. BloodgoodNew York Supreme Court · 1830
- Randon v. TobySupreme Court of the United States · 1851
- Gaylord v. Van LoanNew York Supreme Court · 1836
- Warren v. WalkerSupreme Judicial Court of Maine · 1844
- Hodgdon v. ChaseSupreme Judicial Court of Maine · 1848
3Cited by4 opinions
- Soricelli v. BOARD OF REVIEW, & C.New Jersey Superior Court Appellate Division · 1957
- General Motors Acceptance Corp. v. CahillNew Jersey Superior Court Appellate Division · 2005
- Hudson County National Bank v. SimpsonNew Jersey Superior Court Appellate Division · 1949
- Miller v. DomanskiNew Jersey Superior Court Appellate Division · 1953