Hale v. Andrus
New York Supreme Court
Assumpsit on a parol promise of indemnity, tried at the Jefferson circuit, December 20th, 1825, before Williams, C. Judge ; when a verdict was taken for the plaintiff subjec*to *he opinion of this court. The declaration contained two counts.
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Assumpsit on a parol promise of indemnity, tried at the Jefferson circuit, December 20th, 1825, before Williams, C. Judge ; when a verdict was taken for the plaintiff subjec*to *he opinion of this court. The declaration contained two counts. The first count was> that on the ISth of March, 1816, the plaintiff, having, with others, become surety by bond to the defendant, then sheriff of Jefferson county, for one Bealls, his deputy ; afterwards, on the 6iA of September, 1817, the defendant, in consideration that the plaintiff would then become surety by bond for the defendant, as sheriff,…
1Opinion of the Court
Curia, per
Woodworth, J.
(after stating the ’pleadings.) The pleas of the statute of limitation are no bar. As to the plea of non accrevit, it appears from the evidence, that the gravamen, upon which the plaintiif relies to recover, is within six years. The plea of non assump-sit infra sex annos, does not apply to the case. The promise was made more than six years before suit brought; but it was a promise to indemnify against liabilities on the bond executed by the sureties of Bealls. The statute did not begin to run from the time of making the promise ; but from the time damages were…
2Cases cited2 opinions
- Phillips v. BericicNew York Supreme Court · 1819
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