Littlefield v. . Littlefield
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Coiu-t, in the fourth judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was upon a joint and several promissory note, executed by the defendants. Defendant William Littlefield who alone defended, pleaded the statute of limitations.
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Appeal from judgment of the General Term of the Supreme Coiu-t, in the fourth judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was upon a joint and several promissory note, executed by the defendants. Defendant William Littlefield who alone defended, pleaded the statute of limitations. The note was dated March 24, 1868, payable one year from date. Said defendant William Littlefield and defendant Dorr signed in fact as sureties and for…
1Opinion of the CourtHiller, J.
If the payment upon the note in question, on the 22d day of February, 1875, of $88.78, by the maker and the principal debtor, Ira W. Littlefield, was made by him in the name and behalf of the appellant and as his authorized agent, such payment was an acknowledgment of the debt, which was effectual to take the case out of the statute of limitations, and a promise of the appellant to pay the balance of the note.' If it was authorized by the defendant, it was the same as if it was his own. act and an unequivocal recognition by him of the existence and validity of the debt. It is by reason of…
2Cases cited8 opinions
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