Gaylord v. Van Loan
New York Supreme Court
This was an action of assumpsit, tried at the Columbia circuit in June, 1833. The plaintiff declared on three promissory notes—two dated 1st January, 1820, one for $73,76, and the other for $48,27, and the third dated 12th May, 1820, for $170,04—given by the defendant to the plaintiff without specifying when payable. The declaration also contained the common money counts.
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This was an action of assumpsit, tried at the Columbia circuit in June, 1833. The plaintiff declared on three promissory notes—two dated 1st January, 1820, one for $73,76, and the other for $48,27, and the third dated 12th May, 1820, for $170,04—given by the defendant to the plaintiff without specifying when payable. The declaration also contained the common money counts. The defendant pleaded the general issue, the statute of limitations, and an insolvent discharge granted 17th March,1828. The plaintiff replied to the second plea a new promise, and to the .third that the discharge was…
1Opinion of the Court
By the Court,
Nelson, J.
The circuit judge erred as to the time when the notes became due. In legal effect they were payable immediately, and of course drew interest from their respective dates. Chitty on Bills, 60. 8 Johns. R. 189. 13 Wendell, 208. This error, however, was against the plaintiff, and affords no ground for a new trial. But the charge was incorrect in regard to the statute of limitations. There was no new promise by the defendant, nor foundation upon which to rest the presumption of a new promise. The opinions delivered by the chief justice, in the case of Allen v. Webster and…
2Cases cited3 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
- Utica Insurance v. BloodgoodNew York Supreme Court · 1830
3Cited by29 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Shapley v. . AbbottNew York Court of Appeals · 1870
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- State Loan & Trust Co. v. CochranCalifornia Supreme Court · 1900
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