Sleght v. Kane
New York Supreme Court
This was an action on a promissory note, made by the defendant to the intestate, for 100 pounds, dated the 17th of December, 1777, and payable on demand. The defendant pleaded non assumpsit infra sex annos.
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This was an action on a promissory note, made by the defendant to the intestate, for 100 pounds, dated the 17th of December, 1777, and payable on demand. The defendant pleaded non assumpsit infra sex annos. The plaintiff replied, as follows : that before the date of the note, “to wit, on the 15th of September, 1776, there was open war between the king of Great Britain and his subjects, and the United States of America and their citizens, in all parts of the world, to .wit, at the city of New York, at the first ward tof the said city, in the said county of New York, and there being so open war…
1Opinion of the CourtBenson, J.
By the act of the 8th March, 1773, being the law on the subject, as it stood before the act of the 21st March, 1788,£l the action on a promissory note was to be commenced within six years after the cause' of action arose, provided, that if the person entitled to such action, should be beyond sea, he should be at liberty to bring the action within the time before limited after he should return from beyond sea.” By the act of the 21st March, 1783, “ no part of the time from the 14th October, 1775, to the day of the passing of the act was to be deemed a part of the period above limited.” By the…
2Cited by3 opinions
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- Engel v. . FischerNew York Court of Appeals · 1886
- Smith v. Heirs of BondSupreme Court of Alabama · 1845