Stuart v. Foster
New York Supreme Court
Action upon three promissory notes. Solomon Kohnstamm, on the 17th day of November, 1863, commenced this action against Charles W. Foster and others upon three promissory notes made by Foster & Co., the first of which, for ten thousand dollars, matured October 14, 1857, and the others, for smaller amounts at a later date.
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Action upon three promissory notes. Solomon Kohnstamm, on the 17th day of November, 1863, commenced this action against Charles W. Foster and others upon three promissory notes made by Foster & Co., the first of which, for ten thousand dollars, matured October 14, 1857, and the others, for smaller amounts at a later date. On the 31st December, 1857, the firm of Foster & Co. had made a general assignment for the benefit of creditors, and among their liabilities enumerated these three notes, and they participated in the subsequent dividends of the assignees. One of the defendants interposed the…
1Opinion of the CourtJames, J.
This action was tried before me without a jury. The only question of dispute arises upon the note dated July 11, 1857, for $10,000, payable at three months, which matured October 14,1857, the action not having been commenced until November 19,1863. To this note the defendants interposed the Statute of Limitations, and, to take it out of the statute, the plaintiffs proved that on the 31st day of December, 1857, the defendants made a general assignment of their property to one Howard, in trust for their creditors, and that said assignment, after providing for the payment of expenses, &c.,…
2Cases cited1 opinion
- Barger v. DurvinNew York Supreme Court · 1856
3Cited by4 opinions
- In Re PovillCourt of Appeals for the Second Circuit · 1939
- Nonotuck Silk Co. v. PritzkerAppellate Court of Illinois · 1908
- In re the Estate of DaggettNew York Surrogate's Court · 1892
- Ross v. RossNew York Supreme Court · 1875