Munro v. Potter
New York Supreme Court
THIS action was upon a promissory note of the defendants for $2000, dated October 20,1853, payable to the plaintiff or bearer, on demand. It was for money borrowed by Thorn. Potter appeared and set up the statute of limitations.
Read the full summary
THIS action was upon a promissory note of the defendants for $2000, dated October 20,1853, payable to the plaintiff or bearer, on demand. It was for money borrowed by Thorn. Potter appeared and set up the statute of limitations. There appeared, among others, the following indorsements : “ $140. Received the interest on this note up to October 20, 1857.. $200. Received on the within note $200. October 8, 1858. Rec’d May 3, 1859, of the assignees of O. Thorn, the second dividend on within, it being $202.91.” In the fall of 1857, the three last years’ interest upon the note remaining unpaid, the…
1Opinion of the CourtMorgan, J.
I told the" .jury in this case, that there was no question of fact for them to decide; but that the payments and indorsements on the note, under the circumstances, were sufficient" to take the case out of the statute of limitations, as to Potter.
The counsel for'the appellant desired me to submit to the jury the question, whether the last payment of interest was by Potter, on his own account, or as the agent of Thorn.
This I declined, The, case as settled leaves it in. some" doubt whether ! did not direct a verdict upon the sole ground of the last payment, and not generally upon the facts of…
2Cases cited1 opinion
- Winchell v. . HicksNew York Court of Appeals · 1859
3Cited by8 opinions
- Littlefield v. . LittlefieldNew York Court of Appeals · 1883
- Palmer v. AveryNew York Supreme Court · 1864
- Erickson v. HusemollerSupreme Court of Minnesota · 1934
- Sixth Avenue Railroad v. Gilbert Elevated Railway Co.The Superior Court of New York City · 1876
- Miller v. TalcottNew York Supreme Court · 1866
3 more not listed; retrieve them via the Exa API.