Suydam v. Kinney

Buchanan, J. (Voobhies, J., absent.)

This suit was brought in July, 1851, upon two notes of hand made at New York on the 15th April, 1837, payable respectively,, seven and twelve months after date ; also, upon an account for dry-goods sold at New York, in 1880. The defence is prescription. The plaintiff has attempted to prove an acknowledgment of the debt, by propounding interrogatories to the defendant. But the answers to interrogatories peremptorily deny that any such acknowledgment was ever made. Failing in this, the plaintiff relies upon the fact that defendant removed from Illinois, the…