Wadsworth v. Thomas
New York Supreme Court
This was an appeal, by the plaintiff, from a judgment for the costs of a nonsuit, ordered on the trial of the cause at the circuit.
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This was an appeal, by the plaintiff, from a judgment for the costs of a nonsuit, ordered on the trial of the cause at the circuit. The complaint ivas served in Nov. 1848. It alledged that the defendant was indebted to the plaintiff as maker of two promissory notes, one bearing date Jan. 1st, 1836, and the other July 6, 1836. It alledged a demand of the amounts due on each, on the 26th day of August, 1836, and at divers other days and times between that time and the commencement of this action; and that the defendant had frequently promised to pay the same, and had so promised within six…
1Opinion of the Court
By the Court, Gridley, J.
This action is brought upon two notes made by the defendant; the one bearing date on the first of January, and the other on the fifth of July, 1836. Both were *447payable on demand, and the last indorsement bore date on the twenty-sixth of August in the same year; so that the statute of limitations attached in August, 1842. It was urged on the argument by the plaintiff’s counsel, that from certain allegations in the complaint, not denied in the answer, it appeared that there had been frequent promises to pay, on the part of the defendant, made at such times as to prevent…
2Cases cited7 opinions
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- Hook v. WhitlockNew York Court of Chancery · 1831
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3Cited by14 opinions
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