McMullen v. Rafferty
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered on a verdict directed by tbe court on tbe trial of tbe cause at Circuit, on tbe ground tbat tbe claim was barred by tbe statute of limitations; and also from an order denying a motion for a new trial, made upon tbe minutes of tbe justice before whom the action was tried.
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Appeal from a judgment in favor of the defendant, entered on a verdict directed by tbe court on tbe trial of tbe cause at Circuit, on tbe ground tbat tbe claim was barred by tbe statute of limitations; and also from an order denying a motion for a new trial, made upon tbe minutes of tbe justice before whom the action was tried. The action was commenced on February 24, 1879, on two nonnegotiable promissory notes for $1,200 each, dated tbe 20th day of February, 1873, made by one William J. Hughes, payable to tbe plaintiff on demand, with interest from tbe 1st day of January, 1873, and indorsed…
1Opinion of the Court
Daniels, J.:
This action was brought to recover the amount unpaid on two promissory notes made by William J. Hughes and indorsed by the defendant. It was not commenced until the 24th day of February, 1879, and because of that circumstance the statute of limitations was relied upon and held to be a defense. The notes were not negotiable, but they were made payable on demand to the plaintiff with interest. As the law of this State has been settled in its application to instruments in this form, the period during which an action may be brought for the recovery of the debt begins to run at the…
2Cases cited9 opinions
- Wheeler v. . WarnerNew York Court of Appeals · 1872
- Merritt v. . ToddNew York Court of Appeals · 1861
- Smith v. . RyanNew York Court of Appeals · 1876
- First Nat. Bank of Utica v. . BallouNew York Court of Appeals · 1872
- Pinkerton v. BaileyNew York Supreme Court · 1832
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