De Freest v. Warner
New York Supreme Court
Motion for a new trial on exceptions ordered to be heard in the first instance at the General. Term, after a verdict had been directed for the plaintiff at the circuit. The action was brought to recover upon four promissory notes, dated respectively May 1, 1871, August 25, 1871, August 3, 1872, and April 3,1873, made by Michael Warner, the father and intestate of the defendants.
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Motion for a new trial on exceptions ordered to be heard in the first instance at the General. Term, after a verdict had been directed for the plaintiff at the circuit. The action was brought to recover upon four promissory notes, dated respectively May 1, 1871, August 25, 1871, August 3, 1872, and April 3,1873, made by Michael Warner, the father and intestate of the defendants. On the 2d day of April, 1875, Michael Warner executed and acknowledged a deed to his three sons (two of whom are the defendants in this action) of certain real estate in Rensselaer county. The deed Contained the…
1Opinion of the Court
Ingalls, J.:
It is only necessary to consider one question in deciding this action, which is whether the plaintiff’s cause of action has been barred-by the statute of limitations? The impression which I *96received at the trial, that the determination of such question must depend upon the effect to be given to the provision contained in the deed executed by Michael Warner to Samuel S. Warner, Michael H. Warner and Albert Warner, on the 2d day of April, 1875, in regard to the payment of the indebtedness in question, has been confirmed by reflection. The clause in the deed is as follows : “ The…
2Cases cited4 opinions
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- First Nat. Bank of Utica v. . BallouNew York Court of Appeals · 1872
- McNamee v. TennyNew York Supreme Court · 1864
- Lyme v. . WardNew York Court of Appeals · 1848