Hancock v. Bliss
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit, in October, 1829, before the Hon. William A. Dher, then one of the circuit judges. The action was on a promissory note for Si000, dated the 22d August, 1809, made by Bliss, as one of the firm of “ Hastings, Etheridge & Bliss,” in the name of the firm, payable to the plaintiff 30 days after date. The defendants pleaded the general issue and the statute of limitations.
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This was an action of assumpsit, tried at the New-York circuit, in October, 1829, before the Hon. William A. Dher, then one of the circuit judges. The action was on a promissory note for Si000, dated the 22d August, 1809, made by Bliss, as one of the firm of “ Hastings, Etheridge & Bliss,” in the name of the firm, payable to the plaintiff 30 days after date. The defendants pleaded the general issue and the statute of limitations. The note was made in Massachusetts, where all the parties then resided, ahd where the plaintiff continues to reside. Since 1815 Bliss has has been a resident of…
1Opinion of the Court
By the Court,
Savage, Ch. J..
The judge stated the law correctly to the jury, as far as he went. The statute of limitations forms a bar to the contracts enumerated in it, on the ground that lapse of time raises a presumption of payment; when, therefore, the admissions of the debtor repel the presumption of payment by recognizing a subsisting demand, a promise is raised by implication of law; an express promise is not necessary, The acknowledgment, however, must be explicit, and without a denial of the equity or legality of the demand ; hence, if the defendant denies the justice of the demand,…
2Cases cited1 opinion
- Purdy v. AustinNew York Supreme Court · 1829
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- Bailey v. CraneMassachusetts Supreme Judicial Court · 1838
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