Morgan v. Varick
New York Supreme Court
7 This was an action of trespass for mesne profits and ck ho* nis asportatis, tried at the Cayuga circuit in January, 1830, before the Hon, Daniel Moseley, one of the circuit judges, In July, 1821, the plaintiff commenced three ejectment suits for the recovery of part of a lot of land, on which there was a steam mill for the grinding of grain.
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7 This was an action of trespass for mesne profits and ck ho* nis asportatis, tried at the Cayuga circuit in January, 1830, before the Hon, Daniel Moseley, one of the circuit judges, In July, 1821, the plaintiff commenced three ejectment suits for the recovery of part of a lot of land, on which there was a steam mill for the grinding of grain. Varick defended the suits as the landlord of the tenants; the causes were tried at the Cayuga circuit in June, 1822, and verdicts entered for the plaintiff, subject to the opinion of this court on cases made. The plaintiff offered to prove that in June,…
1Opinion of the Court
By the Court, Savage, Ch. J.
The action for mesne profits is an action of trespass, and the plaintiff can recover for injuries done within six years before the commencement of the suit, and no mbre, where the statute of limitations is pleaded. In this case, the plaintiff was delayed in his recovery more than six years pending the suit. If the plaintiff be deterred from commencing his suit by an injunction from chancery, during such delay the statute does not attach, and after the injunction is dissolved, he may prosecute within the time which he had when the injunction was served; but that…
2Cases cited1 opinion
- Mooers v. WaitNew York Supreme Court · 1829
3Cited by31 opinions
- Rowell v. KleinIndiana Supreme Court · 1873
- United States v. LoughreySupreme Court of the United States · 1898
- Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813
- Wall v. OsbornNew York Supreme Court · 1834
- Vidal v. ErrolSupreme Court of New Hampshire · 1932
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