Allen v. Mille
New York Supreme Court
• Statute of limitation. The declaration in this case is in trover, for the conversion of large quantities of bank bills, amounting in the whole to twenty thousand dollars; the day of the loss and conversion, laid in the declaration, is the 19th June, 1833. The suit was commenced January term, 1834. The defendant pleaded, 1. Non cul., and 2. .Actio non accrevit infra sex anno s.
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• Statute of limitation. The declaration in this case is in trover, for the conversion of large quantities of bank bills, amounting in the whole to twenty thousand dollars; the day of the loss and conversion, laid in the declaration, is the 19th June, 1833. The suit was commenced January term, 1834. The defendant pleaded, 1. Non cul., and 2. .Actio non accrevit infra sex anno s. To the second plea the.plaintiffs replied, in substance, that on the 15th November, 1826, the bills in question were stolen from them by some person unknown, ■and secretly kept, and although they used great exertions…
1Opinion of the Court
By the Court
Nelson, Ch. J.
The rejoinder is probably defective for limiting the denial of the discovery of the bank bills and packages of money to a period after the 19th June, 1833, as it thereby impliedly concedes the fact on or before that time; and if we assume the matter set up in the replication to be a good answer to the plea of the statute of limitations, the rejoinder would not be a complete denial.
Whether the rejoinder is good or bad, however, is not material, as the principle question in the case arises upon the plea; that is, whether a fraudulent concealment of the cause of action…
2Cases cited1 opinion
- Leonard v. PitneyNew York Supreme Court · 1830
3Cited by24 opinions
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- Atchison, Topeka & Santa Fe Railway Co. v. Atchison Grain Co.Supreme Court of Kansas · 1904
- Kane v. CookCalifornia Supreme Court · 1857
- Boyd v. BeebeWest Virginia Supreme Court · 1908
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