Legal Opinion

Lansing v. . Blair

New York Court of Appeals

Decided October 25, 1870PublishedCited by 4 opinions

Appeal from a judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment for the defendant rendered upon a report of Hon. Heubt Hogeboom, referee. This action was commenced the 21st day of January, 1858, and was brought to recover the amount of two promissory notes, one dated September 5th, 1844, for $2,5T8.11, payable one year from date, the other dated January, 1845, for $2,000, and also payable one year from date.

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Appeal from a judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment for the defendant rendered upon a report of Hon. Heubt Hogeboom, referee. This action was commenced the 21st day of January, 1858, and was brought to recover the amount of two promissory notes, one dated September 5th, 1844, for $2,5T8.11, payable one year from date, the other dated January, 1845, for $2,000, and also payable one year from date. The two notes were made by the defendant payable to William Lansing or order, and at the time of the commencement of this action, were…

1Opinion of the CourtRapallo, J.

The notes set forth in the complaint fell due in September, 1845, and January, 1846. Consequently, at the time of the adoption of the Code, a right of action upon them had accrued, and such right had not been barred, but was subsisting.

The 110th section of the Code, upon which the respondent relies, is contained in title two, and provides that no acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take a case out of the opera tion of that title, unless contained in some writing, signed by the party to be charged.

Title two repeals the statute of…

2Cases cited1 opinion

  1. Van Alen v. FeltzNew York Court of Appeals · 1864

3Cited by4 opinions

  1. Littlefield v. . LittlefieldNew York Court of Appeals · 1883
  2. Prindle v. BeveridgeNew York Supreme Court · 1872
  3. In re Colwell Lead Co.District Court, S.D. New York · 1917
  4. McKane v. City of LansingDistrict Court, W.D. Michigan · 1996

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