Winchell & Dunning v. Bowman
New York Supreme Court
APPEAL by the defendants from a judgment entered at a special term, after a trial at the circuit. The action was brought by the plaintiffs, as surviving executors of Martin Law-; rence, deceased, against the defendants, Bowman, Hicks, Killmer and Tanner, as makers of a promissory note, dated April 29th, 1846, payable to the testator in one year, with interest, On the 2d of May, 1852, an indorsement was made upon the note of $56 '"for interest.” This money was paid by Bowman.
1Opinion of the Court
By the Court, S. B. Strong, J.
This action was instituted to recover the amount of a joint and several promissory note *449made by the defendants, in favor of the deceased, dated on the ' 20th day of April, 1846, and payable one year after its date. The defendants Hicks, Killmer and Tanner answer that the cause of action did not accrue within six years next before the commencement of the suit. There are indorsements on the note, of the receipt of interest in 1848, 1849, 1850 and 1852. It was proved, on the trial, that before the last payment (and inferentially after that made in 1850) applications…
2Cited by3 opinions
- Van Alen v. FeltzNew York Supreme Court · 1859
- Allen v. AllenNew York Supreme Court · 1880
- Coe v. MasonNew York Supreme Court · 1864