Carpenter v. Wells
New York Supreme Court
THIS was an action upon a promissory note, bearing date at Adams, in the state of Massachusetts, on the 13th of July, 1839, signed by the defendants under the firm name of Wells, Kingsley & Co., and payable to the plaintiffs, by the name of E. Carpenter & Co. six months after date, at the Adams Bank, for $197.86. On the 9th of July, 1840, there was indorsed on the note $103. The defense was payment and the statute of limitations.
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THIS was an action upon a promissory note, bearing date at Adams, in the state of Massachusetts, on the 13th of July, 1839, signed by the defendants under the firm name of Wells, Kingsley & Co., and payable to the plaintiffs, by the name of E. Carpenter & Co. six months after date, at the Adams Bank, for $197.86. On the 9th of July, 1840, there was indorsed on the note $103. The defense was payment and the statute of limitations. The action was tried at the Rensselaer circuit, in October, 1853, before Mr. Justice Wright, without a jury. Upon the trial it appeared that the defendants had never…
1Opinion of the Court
By the Court, Harris, J.
The only question in this case is, whether the plaintiffs’ demand was barred by the statute of limitations. The defendants, when the plaintiffs’ cause of action accrued, were out of the state. The statute declares that in such a case, the action may be brought •within six years after their return into the state. (2 R. S. 297, § 27.) It is well settled that this provision is applicable as well to non-residents as to citizens going out of the state. (Ruggles v. Keeler, 3 John. 263. Cole v. Jessup, 2 Barb. 309.) This being so, the statute of limitations of this state…
2Cases cited3 opinions
- Ruggles v. KeelerNew York Supreme Court · 1808
- Cole v. JessupNew York Supreme Court · 1848
- Nash v. TupperNew York Supreme Court · 1803
3Cited by6 opinions
- Loken v. MagrumNorth Dakota Supreme Court · 1986
- Belden v. BlackmanMichigan Supreme Court · 1898
- Dodge v. HolbrookNew York Supreme Court · 1919
- Paine v. DrewSupreme Court of New Hampshire · 1860
- Burnes v. CraneUtah Supreme Court · 1875
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